What was Tenancy Tribunal case 4940233 about?

The tribunal order states: Junior Rangi, George Rangi and Tina Rangi to pay [The landlord/s] $1,816.52

How much money was awarded in case 4940233?

Cleaning: $250.00 awarded to landlord; Cleaning: $214.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $400.71 awarded to landlord; Walls and Doors: $563.53 awarded to landlord; Rubbish Removal: $194.50 awarded to landlord; Property Damage: $166.78 awarded to landlord

What type of tenancy dispute was case 4940233?

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

Where can I read the official tribunal order for case 4940233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10941908-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4940233 about?

The tribunal order states: Junior Rangi, George Rangi and Tina Rangi to pay [The landlord/s] $1,816.52

How much money was awarded in case 4940233?

Cleaning: $250.00 awarded to landlord; Cleaning: $214.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $400.71 awarded to landlord; Walls and Doors: $563.53 awarded to landlord; Rubbish Removal: $194.50 awarded to landlord; Property Damage: $166.78 awarded to landlord

What type of tenancy dispute was case 4940233?

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

Where can I read the official tribunal order for case 4940233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10941908-Tribunal_Order_Redacted.pdf.

59 Oates Street, Kaikorai, Dunedin 9010 Tenancy Tribunal Case 4940233 — Property damage

Order

Claims and awards in Tenancy Tribunal application 4940233 — net $1,816.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 July 2024	$400.71	Rent arrears to 20 July 2024
Window repairs: 1 x basement window	$166.78	Window repairs: 1 x basement window
Carpet Cleaning	$250.00	Carpet Cleaning
Rubbish removal	$194.50	Rubbish removal
Cleaning	$214.00	Cleaning
Repairs: to walls and doors in bedroom 3	$563.53	Repairs: to walls and doors in bedroom 3
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,816.52
Bond	$1,980.00
Total payable by Tenant to Landlord	$1,816.52

Junior Rangi, George Rangi and Tina Rangi to pay [The landlord/s] $1,816.52 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,980.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,816.52 Junior Rangi, George Rangi and Tina Rangi: $163.48

Reasons

The landlord attended the hearing.

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

How much is owed for rent?

The tenancy ended on 20 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

There is a claim for cleaning and rubbish removal. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).

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.

I have been provided with photos showing the condition of the house at the start of the tenancy and at the end. I find the claim for rubbish removal is reasonable. Additional cleaning was required – especially in the kitchen – and I have allowed an amount which seems reasonable to me based on the evidence at the hearing. I accept the carpet needed professional cleaning to remove stains and a smell and the amount ordered is proved.

Are the tenants responsible for the damage to the premises?

There is a claim for repairing a broken window and repairing a number of holes in the walls and one of the doors in bedroom 3. The 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.

I have considered the photos provided. It seems most likely to me the damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. The amounts ordered are proved. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party.

A request for the refund of the bond has been sent to the Bond Centre.

Claims and awards in Tenancy Tribunal application 4940233 — net $1,816.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 July 2024	$400.71	Rent arrears to 20 July 2024
Window repairs: 1 x basement window	$166.78	Window repairs: 1 x basement window
Carpet Cleaning	$250.00	Carpet Cleaning
Rubbish removal	$194.50	Rubbish removal
Cleaning	$214.00	Cleaning
Repairs: to walls and doors in bedroom 3	$563.53	Repairs: to walls and doors in bedroom 3
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,816.52
Bond	$1,980.00
Total payable by Tenant to Landlord	$1,816.52

Order

Junior Rangi, George Rangi and Tina Rangi to pay [The landlord/s] $1,816.52 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,980.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,816.52 Junior Rangi, George Rangi and Tina Rangi: $163.48

Reasons

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

How much is owed for rent?

The tenancy ended on 20 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

There is a claim for cleaning and rubbish removal. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
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.
I have been provided with photos showing the condition of the house at the start of the tenancy and at the end. I find the claim for rubbish removal is reasonable. Additional cleaning was required – especially in the kitchen – and I have allowed an amount which seems reasonable to me based on the evidence at the hearing. I accept the carpet needed professional cleaning to remove stains and a smell and the amount ordered is proved.

Are the tenants responsible for the damage to the premises?

There is a claim for repairing a broken window and repairing a number of holes in the walls and one of the doors in bedroom 3. The 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.
I have considered the photos provided. It seems most likely to me the damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. The amounts ordered are proved. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.
A request for the refund of the bond has been sent to the Bond Centre.

Tenancy Tribunal case 4940233 — Property damage at 59 Oates Street, Kaikorai, Dunedin 9010

At a glance

Tenancy Tribunal case 4940233 — Property damage at 59 Oates Street, Kaikorai, Dunedin 9010

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions