What was Tenancy Tribunal case 4938279 about?

The tribunal order states: Sarah Harris must pay [The landlord/s] $335.97 immediately, calculated as

How much money was awarded in case 4938279?

Cleaning: $700.00 awarded to landlord; Property Damage: $38.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Floor: $575.00 awarded to landlord

What type of tenancy dispute was case 4938279?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4938279?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10764648-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4938279 about?

The tribunal order states: Sarah Harris must pay [The landlord/s] $335.97 immediately, calculated as

How much money was awarded in case 4938279?

Cleaning: $700.00 awarded to landlord; Property Damage: $38.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Floor: $575.00 awarded to landlord

What type of tenancy dispute was case 4938279?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4938279?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10764648-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4938279 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4938279 — net $335.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Floor	$575.00	Repairs: Floor
Electrical fittings replacement/repair: Dishwasher spray arm	$38.00	Electrical fittings replacement/repair: Dishwasher spray arm
Cleaning	$700.00	Cleaning
Lawns and Garden work	$80.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$335.97
Total payable by Tenant to Landlord	$335.97

The landlord attended the video hearing.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The first call went to voicemail. The second call could not be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

The landlord has applied for compensation, refund of the bond and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy (ss 40(1)(c) and (e)(iii) RTA).

The tenants did not leave the premises reasonably clean and tidy. The landlord provided photos of the condition of the premises at the end of the tenancy.

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The landlord has provided an invoice for cleaning. The cleaning carried out was to a standard where the premises could be relet. That is not the standard required of the tenants. Tenants are required to leave premises reasonably clean and tidy and no more. The two standards are different.

I consider compensation for cleaning of $700.00 to be reasonable.

The lawns were not left reasonably tidy. An invoice and photos were provided in support. The claim is proven.

A dishwasher spray arm was missing at the end of the tenancy. The part has been replaced by the landlord at a cost of $38.00. An invoice was provided. The claim is proven.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA. The landlord’s insurer confirmed that the damage to the floor was not covered by the policy.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The following damage was caused during the tenancy:

At the end of the tenancy, the landlord carried out an inspection of the property. The landlord noticed that the floor in the kitchen was “soft” where the tenant’s fridge had previously been placed. The landlord arranged for a plumber to attend to work out the source of the dampness. The plumber’s report records that the dampness had not been caused by any pipe leaks. The report records that in the opinion of the plumber, the damage had been caused by a leak with the tenant’s fridge.

The landlord said that there had not been any complaints from this tenant about the floor being damp.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered is proven.

I have not allowed for the plumbers invoice. The investigation costs should be paid by the landlord as a general cost of being a landlord.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been substantially successful and suppression of the landlord name and details is ordered.

Reasons

Claims and awards in Tenancy Tribunal application 4938279 — net $335.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Floor	$575.00	Repairs: Floor
Electrical fittings replacement/repair: Dishwasher spray arm	$38.00	Electrical fittings replacement/repair: Dishwasher spray arm
Cleaning	$700.00	Cleaning
Lawns and Garden work	$80.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$335.97
Total payable by Tenant to Landlord	$335.97

The landlord attended the video hearing.

The landlord has applied for compensation, refund of the bond and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The tenants did not leave the premises reasonably clean and tidy. The landlord provided photos of the condition of the premises at the end of the tenancy.

I consider compensation for cleaning of $700.00 to be reasonable.

The lawns were not left reasonably tidy. An invoice and photos were provided in support. The claim is proven.

A dishwasher spray arm was missing at the end of the tenancy. The part has been replaced by the landlord at a cost of $38.00. An invoice was provided. The claim is proven.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy:

The landlord said that there had not been any complaints from this tenant about the floor being damp.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered is proven.

I have not allowed for the plumbers invoice. The investigation costs should be paid by the landlord as a general cost of being a landlord.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been substantially successful and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4938279 — Cleanliness

At a glance

Tenancy Tribunal case 4938279 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions