What was Tenancy Tribunal case 4922554 about?

The tribunal order states: Kayla Vicky Ireland and Jody Albert must pay [The landlord/s] $6,211.00

How much money was awarded in case 4922554?

6 Bags Fertilizer And Labour: $300.00 awarded to landlord; Cleaning: $330.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $1,460.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Remedy Garden Bank: $368.00 awarded to landlord; Rent Arrears: $5,800.00 awarded to landlord; Fencing And Labour: $246.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 4922554?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4922554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10898684-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4922554 about?

The tribunal order states: Kayla Vicky Ireland and Jody Albert must pay [The landlord/s] $6,211.00

How much money was awarded in case 4922554?

6 Bags Fertilizer And Labour: $300.00 awarded to landlord; Cleaning: $330.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $1,460.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Remedy Garden Bank: $368.00 awarded to landlord; Rent Arrears: $5,800.00 awarded to landlord; Fencing And Labour: $246.00 awarded to landlord; Rubbish Removal: $300.00 awarded to landlord

What type of tenancy dispute was case 4922554?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4922554?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10898684-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4922554 — Rent arrears

Claims and awards in Tenancy Tribunal application 4922554 — net $6,211.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and in lieu of notice to 29/08/2024	$5,800.00	Rent arrears and in lieu of notice to 29/08/2024
6 bags fertilizer and labour	$300.00	6 bags fertilizer and labour
damage to carpet	$1,460.00	damage to carpet
Cleaning: house and stables	$330.00	Cleaning: house and stables
Rubbish removal	$300.00	Rubbish removal
Repairs: fencing and labour	$246.00	Repairs: fencing and labour
Lawns and Garden work: weed spraying	$100.00	Lawns and Garden work: weed spraying
Repair cat door	$80.00	Repair cat door
Remedy garden bank	$368.00	Remedy garden bank
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,211.00
Total payable by Tenant to Landlord	$6,211.00

Order

Kayla Vicky Ireland and Jody Albert must pay [The landlord/s] $6,211.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord trustee attended the hearing with her husband. The tenants did not attend. I continued the hearing in their absence because Jody Albert participated in the first telephone hearing and both tenants have been emailed notice of the hearing date and time to their addresses for service.
Both Kayla Vicky Ireland, Jody Albert are named as tenants in these proceedings. Jody Albert is named as Jody Ireland on the tenancy agreement. He attended the first hearing and has not disputed that he is a tenant.
This is a landlord application for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants did send an email submission and photographs which I have considered. Background
The tenancy premises consist of a residential house with nearby sheds (stables) and approximately 2 acres of rural land.
The tenancy agreement records:- a. Only residential use is permitted (no business or trade). b. That 3 ponies, 3 cats and an outside bird aviary are allowed. During the tenancy, the landlord agreed to variations of ponies and horses (horses are bigger than ponies) but still allowing no more than 3 pasture animals in total so as to preserve the pasture and other facilities. The landlord also later allowed one dog. c. That the tenant is responsible for pasture maintenance and fertilising annually, weed pulling and spraying, horse manure removal or spreading, stables to be mucked out (see clauses 18, 36). d. That the tenant will be liable for pasture damage due to mismanagement of pasture (clause 12). e. “Tenants are aware the approx. 2 acres is not enough to carry 2 horses without additional feed supplied by tenants, and may require management by stabling/yarding to protect the pasture growth.” (clause 24). f. “That post and rail fencing is to be maintained by tenants – any broken or chewed rails by tenants animals must be replaced.” (clause 29).
The above clauses are enforceable as they do not constrain or limit the tenant’s rights under the Residential Tenancies Act 1986 (RTA).

How much is owed for rent?

The landlord initially applied to the Tribunal to terminate the tenancy for breaches of the tenancy agreement including missed rent.
The tenancy had already ended by the date of the first hearing on 28 August 2024, so the Tribunal did not make a termination order. However, the rent was more than 21 days in arrears on the hearing date and the landlord was legally entitled to an order for termination of the tenancy for this reason; see section 55 Residential Tenancies Act 1986 (RTA).
The tenants had initially given written notice to end the tenancy as at 23 September 2024. 1 However, on 7 August 2024, they confirmed to the landlord that they intended to move out sooner and would be “done” by 12 August. They further confirmed, on 10 August 2024, that they had vacated.
The landlord seeks rent in lieu of notice. I award rent for a notice period of 21 days as this is the period the landlord specified in communication with the tenant. The usual requirement for a tenant to end a periodic tenancy is no less than 28 days’ written notice; see s51(2B) RTA.
The notice period starts from 8 August 2024, the day after the tenants confirmed they intended to move out earlier than 23 September 2024, and ends on 29 August 2024.
The landlord has confirmed the following rent payments in the final weeks of the tenancy:
06.2024$700.00
06.2024$700.00
07.2024$700.00
07.2024$100.00
I calculate that the tenants owe rent of $5,800.00 up to 29 August 2024. I award this amount.

What is the law on tenant obligations and damage claims?

At the end of a tenancy, the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all landlord chattels. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA). 1 By email from the tenants to the landlord sent on 13 June 2024.
If making a claim for damage, a landlord must prove that any damage happened during this tenancy and is more than fair wear and tear. Fair wear and tear is anything that would happen as a normal and ordinary part of living in the property.
A tenant is liable for any intentional or careless damage. Tenants are liable for the actions of people at the premises with their permission. Sections 40(2)(a), 41 and 49B RTA.
When working out compensation, the landlord should, as much as possible, be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. Decisions on the claims
The landlords provided photographs and text and email communication that satisfy me that the tenants kept more than the allowed number of horses at the property for periods of time during the tenancy. The landlord raised this with the tenants in October and November 2023, issued a notice of breach in December 2023 requiring the removal of extra horses, raised the issue in writing again in March, April and issued a second notice of breach in June 2024.
This is relevant because some of the landlord’s claims relate to fertilizing the pasture and removing excessive horse manure and shavings.
The landlord gave oral evidence, supported with a copy of a letter she sent to the tenants dated 16 June 2024, that the tenants kept two small indoor dogs for some of the tenancy, without the landlord’s consent.
My decisions on the landlord’s claims are below.
Fertilizer for pasture: I award the claim for the cost to purchase 6 x 25kg bags of pasture fertilizer and landlord labour to apply this (I have reduced the labour rate to the usually applied rate of $30.00 per hour when a landlord does straightforward work themselves). I accept the screenshot evidence from a fertilizer supplier website that gives a recommended rate of application as 10 bags for 2.47 acres every 12 to 18 months but that more frequent application may be required where pasture is under heavy grazing pressure. The tenants’ submission is that the 4 bags (of a different type of fertilizer) that they applied is sufficient for the area. I prefer the landlord’s evidence because I accept that the pasture had been used by more than the allowed number of ponies/horses for at least some of the tenancy so more fertilizer may have been required and also because the tenants did not attend the hearing to explain their submission further.
Damage to carpet: the landlord’s photographs show multiple stains on the carpet in five rooms in the house (some pink, some brown, one splodge of bright pink paint-like material, one small splodge of white paint-like material). The tenants supplied photographs showing they cleaned the carpet with a stain-cleaner and say the few stains left are just normal wear and tear from renting to a family with children. The landlord has not proven that there was damage from pet urine. My decision is that the number of stains mean the carpets were carelessly damaged during the tenancy. The landlord supplied written evidence at the hearing that the insurer has accepted a claim to replace the carpet in the two worst-affected rooms. The cost to replace the carpet in these two rooms is $2,632.84 and the amount paid to the landlord by the insurer is $1,187.53. The loss to the landlords is therefore $1,445.31. The landlords withdrew claims for compensation for the other 3 rooms (they have tried to clean the stains without full success). I award the amount of the loss as am satisfied that the replacement of carpet in two rooms is reasonable. The maximum a tenant can be liable for is the amount of any insurance excess that applies which in this case is $1,800.00.
Cleaning house and stables: Photographs prove that some areas in the house were not left reasonably clean (oven, inside of vanity, areas of the floor and some windowsills and skirtings). The stables are part of the tenancy and were left with shavings to be removed and mats to be cleaned. I award 11 hours of landlord labour to clean the missed areas in the house and the stable which is $330.00.
Rubbish removal: The tenants left a trampoline, swing, barbeque, a bed, and assorted smaller items, as well as two recycling bins filled with rubbish. I award $300.00 to cover landlord labour and dump fees.
Repairs to fencing: The landlord claims costs and labour to repair broken fencing and chewed posts and this is supported by photographs. I award the claim at a labour rate of $60.00 per hour as this is more skilled work.
Weed spraying: Photographs show a few weeds on the driveway and around the property. I award the claim to cover the cost of weedkiller and 2.5 hours of landlord labour.
Window repair and cat door: I award the claim to repair the cat door but not the window (as no receipt was supplied for the latter).
Remedy garden bank: The landlord seeks compensation to remedy what she says is an excess of stable shavings and horse manure on the garden bank. She explained that the tenants were permitted to dispose of these in this location but that the additional horses kept by the tenants at the property resulted in a higher volume of material than anticipated. Photographs support the landlord’s submission that the material has overflowed into the fences at the bottom of the bank and risks damaging them, including the electric fencing. The tenants point out in their submission that they were told to dump the waste in this location. In the hearing I said I would award the claim to hire a digger and operator to remedy the bank as I accept that the excess amount of material is a consequence of the breach of the tenancy agreement limit on the number of horses/ponies. On review of the evidence, I cannot see that the landlords raised this issue in writing with the tenants until June 2024 and as I do not have evidence to support the claim for labour cost, I award only the cost to hire the digger.
Driveway clean-up: The landlords withdrew the claim to remove shavings left on the driveway and supply extra driveway gravel as there was insufficient evidence to show the condition before and after the tenancy.
Hole in house cladding: A photograph shows a hole in one of the house cladding panels. I accept the oral evidence that this occurred during the tenancy. No compensation is sought as the landlord reused existing materials. Filing fee, bond, suppression of names
The landlord has been substantially successful with the claims, so I award the filing fee and suppress its name, as applied for.
The bond is refunded to the landlord and the remaining balance is owing by the tenants.
For the benefit of both parties, I also note that:- a. the tenancy agreement does not contain the legally required compliance statements about the extent of compliance with the Healthy Homes Standards and insurance; see s13A(1CA) and 13A(2) RTA, b. the tenancy agreement clause specifying the term of the lease is ambiguous and could cause a misunderstanding. The clause says the tenancy is periodic (which means it can be ended by either party giving notice) but also says it is “continuing on a year-to-year basis”, c. the tenancy agreement refers to rent reviews every 180 days. The law allows a rent increase only every 12 months; see s24 RTA.
I refer the landlord to the Tenancy Services website for comprehensive tenancy information including template tenancy agreements and forms. See www.tenancy.govt.nz

Claims and awards in Tenancy Tribunal application 4922554 — net $6,211.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears and in lieu of notice to 29/08/2024	$5,800.00	Rent arrears and in lieu of notice to 29/08/2024
6 bags fertilizer and labour	$300.00	6 bags fertilizer and labour
damage to carpet	$1,460.00	damage to carpet
Cleaning: house and stables	$330.00	Cleaning: house and stables
Rubbish removal	$300.00	Rubbish removal
Repairs: fencing and labour	$246.00	Repairs: fencing and labour
Lawns and Garden work: weed spraying	$100.00	Lawns and Garden work: weed spraying
Repair cat door	$80.00	Repair cat door
Remedy garden bank	$368.00	Remedy garden bank
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,211.00
Total payable by Tenant to Landlord	$6,211.00

Order

Kayla Vicky Ireland and Jody Albert must pay [The landlord/s] $6,211.00 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord trustee attended the hearing with her husband. The tenants did not attend. I continued the hearing in their absence because Jody Albert participated in the first telephone hearing and both tenants have been emailed notice of the hearing date and time to their addresses for service.
Both Kayla Vicky Ireland, Jody Albert are named as tenants in these proceedings. Jody Albert is named as Jody Ireland on the tenancy agreement. He attended the first hearing and has not disputed that he is a tenant.
This is a landlord application for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants did send an email submission and photographs which I have considered. Background
The tenancy premises consist of a residential house with nearby sheds (stables) and approximately 2 acres of rural land.
The tenancy agreement records:- a. Only residential use is permitted (no business or trade). b. That 3 ponies, 3 cats and an outside bird aviary are allowed. During the tenancy, the landlord agreed to variations of ponies and horses (horses are bigger than ponies) but still allowing no more than 3 pasture animals in total so as to preserve the pasture and other facilities. The landlord also later allowed one dog. c. That the tenant is responsible for pasture maintenance and fertilising annually, weed pulling and spraying, horse manure removal or spreading, stables to be mucked out (see clauses 18, 36). d. That the tenant will be liable for pasture damage due to mismanagement of pasture (clause 12). e. “Tenants are aware the approx. 2 acres is not enough to carry 2 horses without additional feed supplied by tenants, and may require management by stabling/yarding to protect the pasture growth.” (clause 24). f. “That post and rail fencing is to be maintained by tenants – any broken or chewed rails by tenants animals must be replaced.” (clause 29).
The above clauses are enforceable as they do not constrain or limit the tenant’s rights under the Residential Tenancies Act 1986 (RTA).

How much is owed for rent?

The landlord initially applied to the Tribunal to terminate the tenancy for breaches of the tenancy agreement including missed rent.
The tenancy had already ended by the date of the first hearing on 28 August 2024, so the Tribunal did not make a termination order. However, the rent was more than 21 days in arrears on the hearing date and the landlord was legally entitled to an order for termination of the tenancy for this reason; see section 55 Residential Tenancies Act 1986 (RTA).
The tenants had initially given written notice to end the tenancy as at 23 September 2024. 1 However, on 7 August 2024, they confirmed to the landlord that they intended to move out sooner and would be “done” by 12 August. They further confirmed, on 10 August 2024, that they had vacated.
The landlord seeks rent in lieu of notice. I award rent for a notice period of 21 days as this is the period the landlord specified in communication with the tenant. The usual requirement for a tenant to end a periodic tenancy is no less than 28 days’ written notice; see s51(2B) RTA.
The notice period starts from 8 August 2024, the day after the tenants confirmed they intended to move out earlier than 23 September 2024, and ends on 29 August 2024.
The landlord has confirmed the following rent payments in the final weeks of the tenancy:
06.2024$700.00
06.2024$700.00
07.2024$700.00
07.2024$100.00
I calculate that the tenants owe rent of $5,800.00 up to 29 August 2024. I award this amount.

What is the law on tenant obligations and damage claims?

At the end of a tenancy, the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all landlord chattels. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA). 1 By email from the tenants to the landlord sent on 13 June 2024.
If making a claim for damage, a landlord must prove that any damage happened during this tenancy and is more than fair wear and tear. Fair wear and tear is anything that would happen as a normal and ordinary part of living in the property.
A tenant is liable for any intentional or careless damage. Tenants are liable for the actions of people at the premises with their permission. Sections 40(2)(a), 41 and 49B RTA.
When working out compensation, the landlord should, as much as possible, be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. Decisions on the claims
The landlords provided photographs and text and email communication that satisfy me that the tenants kept more than the allowed number of horses at the property for periods of time during the tenancy. The landlord raised this with the tenants in October and November 2023, issued a notice of breach in December 2023 requiring the removal of extra horses, raised the issue in writing again in March, April and issued a second notice of breach in June 2024.
This is relevant because some of the landlord’s claims relate to fertilizing the pasture and removing excessive horse manure and shavings.
The landlord gave oral evidence, supported with a copy of a letter she sent to the tenants dated 16 June 2024, that the tenants kept two small indoor dogs for some of the tenancy, without the landlord’s consent.
My decisions on the landlord’s claims are below.
Fertilizer for pasture: I award the claim for the cost to purchase 6 x 25kg bags of pasture fertilizer and landlord labour to apply this (I have reduced the labour rate to the usually applied rate of $30.00 per hour when a landlord does straightforward work themselves). I accept the screenshot evidence from a fertilizer supplier website that gives a recommended rate of application as 10 bags for 2.47 acres every 12 to 18 months but that more frequent application may be required where pasture is under heavy grazing pressure. The tenants’ submission is that the 4 bags (of a different type of fertilizer) that they applied is sufficient for the area. I prefer the landlord’s evidence because I accept that the pasture had been used by more than the allowed number of ponies/horses for at least some of the tenancy so more fertilizer may have been required and also because the tenants did not attend the hearing to explain their submission further.
Damage to carpet: the landlord’s photographs show multiple stains on the carpet in five rooms in the house (some pink, some brown, one splodge of bright pink paint-like material, one small splodge of white paint-like material). The tenants supplied photographs showing they cleaned the carpet with a stain-cleaner and say the few stains left are just normal wear and tear from renting to a family with children. The landlord has not proven that there was damage from pet urine. My decision is that the number of stains mean the carpets were carelessly damaged during the tenancy. The landlord supplied written evidence at the hearing that the insurer has accepted a claim to replace the carpet in the two worst-affected rooms. The cost to replace the carpet in these two rooms is $2,632.84 and the amount paid to the landlord by the insurer is $1,187.53. The loss to the landlords is therefore $1,445.31. The landlords withdrew claims for compensation for the other 3 rooms (they have tried to clean the stains without full success). I award the amount of the loss as am satisfied that the replacement of carpet in two rooms is reasonable. The maximum a tenant can be liable for is the amount of any insurance excess that applies which in this case is $1,800.00.
Cleaning house and stables: Photographs prove that some areas in the house were not left reasonably clean (oven, inside of vanity, areas of the floor and some windowsills and skirtings). The stables are part of the tenancy and were left with shavings to be removed and mats to be cleaned. I award 11 hours of landlord labour to clean the missed areas in the house and the stable which is $330.00.
Rubbish removal: The tenants left a trampoline, swing, barbeque, a bed, and assorted smaller items, as well as two recycling bins filled with rubbish. I award $300.00 to cover landlord labour and dump fees.
Repairs to fencing: The landlord claims costs and labour to repair broken fencing and chewed posts and this is supported by photographs. I award the claim at a labour rate of $60.00 per hour as this is more skilled work.
Weed spraying: Photographs show a few weeds on the driveway and around the property. I award the claim to cover the cost of weedkiller and 2.5 hours of landlord labour.
Window repair and cat door: I award the claim to repair the cat door but not the window (as no receipt was supplied for the latter).
Remedy garden bank: The landlord seeks compensation to remedy what she says is an excess of stable shavings and horse manure on the garden bank. She explained that the tenants were permitted to dispose of these in this location but that the additional horses kept by the tenants at the property resulted in a higher volume of material than anticipated. Photographs support the landlord’s submission that the material has overflowed into the fences at the bottom of the bank and risks damaging them, including the electric fencing. The tenants point out in their submission that they were told to dump the waste in this location. In the hearing I said I would award the claim to hire a digger and operator to remedy the bank as I accept that the excess amount of material is a consequence of the breach of the tenancy agreement limit on the number of horses/ponies. On review of the evidence, I cannot see that the landlords raised this issue in writing with the tenants until June 2024 and as I do not have evidence to support the claim for labour cost, I award only the cost to hire the digger.
Driveway clean-up: The landlords withdrew the claim to remove shavings left on the driveway and supply extra driveway gravel as there was insufficient evidence to show the condition before and after the tenancy.
Hole in house cladding: A photograph shows a hole in one of the house cladding panels. I accept the oral evidence that this occurred during the tenancy. No compensation is sought as the landlord reused existing materials. Filing fee, bond, suppression of names
The landlord has been substantially successful with the claims, so I award the filing fee and suppress its name, as applied for.
The bond is refunded to the landlord and the remaining balance is owing by the tenants.
For the benefit of both parties, I also note that:- a. the tenancy agreement does not contain the legally required compliance statements about the extent of compliance with the Healthy Homes Standards and insurance; see s13A(1CA) and 13A(2) RTA, b. the tenancy agreement clause specifying the term of the lease is ambiguous and could cause a misunderstanding. The clause says the tenancy is periodic (which means it can be ended by either party giving notice) but also says it is “continuing on a year-to-year basis”, c. the tenancy agreement refers to rent reviews every 180 days. The law allows a rent increase only every 12 months; see s24 RTA.
I refer the landlord to the Tenancy Services website for comprehensive tenancy information including template tenancy agreements and forms. See www.tenancy.govt.nz

Tenancy Tribunal case 4922554 — Rent arrears

At a glance

Tenancy Tribunal case 4922554 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

What is the law on tenant obligations and damage claims?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

What is the law on tenant obligations and damage claims?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions