What was Tenancy Tribunal case 4940657 about?

The tribunal order states: Bobbie Lesina Belford must pay [The landlord/s] $866.66 immediately,

How much money was awarded in case 4940657?

Cleaning: $152.53 awarded to landlord; Garage Remote: $140.00 awarded to landlord; Lawns and Garden Work: $70.00 awarded to landlord; Rent Arrears: $2,338.28 awarded to landlord; Bedroom 2: $162.00 awarded to landlord; Bedroom 3: $162.00 awarded to landlord; Property Damage: $169.00 awarded to landlord; Property Damage: $270.00 awarded to landlord; Water Rates: $102.85 awarded to landlord

What type of tenancy dispute was case 4940657?

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

Where can I read the official tribunal order for case 4940657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10730472-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4940657 about?

The tribunal order states: Bobbie Lesina Belford must pay [The landlord/s] $866.66 immediately,

How much money was awarded in case 4940657?

Cleaning: $152.53 awarded to landlord; Garage Remote: $140.00 awarded to landlord; Lawns and Garden Work: $70.00 awarded to landlord; Rent Arrears: $2,338.28 awarded to landlord; Bedroom 2: $162.00 awarded to landlord; Bedroom 3: $162.00 awarded to landlord; Property Damage: $169.00 awarded to landlord; Property Damage: $270.00 awarded to landlord; Water Rates: $102.85 awarded to landlord

What type of tenancy dispute was case 4940657?

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

Where can I read the official tribunal order for case 4940657?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10730472-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4940657 — Rent arrears

Claims and awards in Tenancy Tribunal application 4940657 — net $866.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,338.28	Rent arrears
Repairs: Bedroom 3	$162.00	Repairs: Bedroom 3
Repairs: Wall damage - curtain retaining hook	$270.00	Repairs: Wall damage - curtain retaining hook
Repairs: Bedroom 2	$162.00	Repairs: Bedroom 3
Repairs: Security camera damage	$169.00	Repairs: Security camera damage
Lawns and Garden work	$70.00	Lawns and Garden work
Cleaning	$152.53	Cleaning
Water rates	$102.85	Water rates
Garage remote	$140.00	Garage remote
Net award	$866.66
Total payable by Tenant to Landlord	$866.66

Order

Bobbie Lesina Belford must pay [The landlord/s] $866.66 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,700.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this remote hearing.
The tenant did not attend by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. 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 rent arrears, compensation, refund of the bond following the end of the tenancy. The application for termination of the tenancy was withdrawn.

How much is owed for rent and water rates?

The tenancy ended on 27 July 2024.The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $2,338.28 for rent and $102.85 for water rates.

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

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
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).
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 standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994).
The landlord has provided photos in support of their application. I accept that the premises were not left reasonably clean and tidy, but the invoice makes reference to a ”deep clean” having been carried out. That is not the standard required of a tenant. They must simply leave the premises reasonably clean and tidy, which is generally accepted to be a lower standard than that which might be acceptable at the commencement of a tenancy.
The cleaning charged for by the landlord incudes carpet cleaning. The work has been carried out by the landlord. The landlord has charged $65.00 per hour for their services. The Tribunal will usually accept a figure of $35.00 for landlord labour and that is the figure that I have imposed here. I consider that a charge of $140.00 for labour (4 hours at $35.00 per hour) and $12.53 for materials is reasonable, being a total of $152.53.
No separate invoice for carpet cleaning was provided.
The tenant did not return the garage remote. The cost of replacement is $140.00 and an invoice has been provided.
The lawns had not been kept reasonably tidy. The landlord claims 2 hours labour at $65.00 per hour. I have allowed 2 hours at $35.00 per hour.
The amounts ordered are 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. The landlord is not insured for tenant damage.
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.
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. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. • Numerous small indentations in the wall to the third bedroom. The landlord has charged for labour at 3 hours at $65.00 per hour and materials of $57.00. I have allowed the labour charge, but at $35.00 per hour. • Hole in the wall in the second bedroom. The landlord has charged for labour at 3 hours at $65.00 per hour and materials of $57.00. I have allowed the labour charge, but at $35.00 per hour. • A curtain retaining hook has been torn off the wall. The landlord has charged for 4 hours labour at $65.00 per hour and materials of $57.00 for repairs. I have allowed the claim, with a reduction to the hourly rate to $35.00. • The tenant installed security cameras without the prior approval of the landlord. The landlord asked the tenant to remove the cameras and to reinstate the ceiling areas where they had been installed. The tenant did remove the cameras, but failed to repair the damage left behind. The landlord has claimed 3 hours labour at $65.00 per hour and materials of $64.00. I have allowed the claim with the reduction in hourly rate to $35.00.
The amounts ordered are proved.
The landlord has applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord name and details is ordered.

Claims and awards in Tenancy Tribunal application 4940657 — net $866.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,338.28	Rent arrears
Repairs: Bedroom 3	$162.00	Repairs: Bedroom 3
Repairs: Wall damage - curtain retaining hook	$270.00	Repairs: Wall damage - curtain retaining hook
Repairs: Bedroom 2	$162.00	Repairs: Bedroom 3
Repairs: Security camera damage	$169.00	Repairs: Security camera damage
Lawns and Garden work	$70.00	Lawns and Garden work
Cleaning	$152.53	Cleaning
Water rates	$102.85	Water rates
Garage remote	$140.00	Garage remote
Net award	$866.66
Total payable by Tenant to Landlord	$866.66

Order

Bobbie Lesina Belford must pay [The landlord/s] $866.66 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,700.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this remote hearing.
The tenant did not attend by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. 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 rent arrears, compensation, refund of the bond following the end of the tenancy. The application for termination of the tenancy was withdrawn.

How much is owed for rent and water rates?

The tenancy ended on 27 July 2024.The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $2,338.28 for rent and $102.85 for water rates.

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

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
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).
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 standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994).
The landlord has provided photos in support of their application. I accept that the premises were not left reasonably clean and tidy, but the invoice makes reference to a ”deep clean” having been carried out. That is not the standard required of a tenant. They must simply leave the premises reasonably clean and tidy, which is generally accepted to be a lower standard than that which might be acceptable at the commencement of a tenancy.
The cleaning charged for by the landlord incudes carpet cleaning. The work has been carried out by the landlord. The landlord has charged $65.00 per hour for their services. The Tribunal will usually accept a figure of $35.00 for landlord labour and that is the figure that I have imposed here. I consider that a charge of $140.00 for labour (4 hours at $35.00 per hour) and $12.53 for materials is reasonable, being a total of $152.53.
No separate invoice for carpet cleaning was provided.
The tenant did not return the garage remote. The cost of replacement is $140.00 and an invoice has been provided.
The lawns had not been kept reasonably tidy. The landlord claims 2 hours labour at $65.00 per hour. I have allowed 2 hours at $35.00 per hour.
The amounts ordered are 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. The landlord is not insured for tenant damage.
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.
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. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. • Numerous small indentations in the wall to the third bedroom. The landlord has charged for labour at 3 hours at $65.00 per hour and materials of $57.00. I have allowed the labour charge, but at $35.00 per hour. • Hole in the wall in the second bedroom. The landlord has charged for labour at 3 hours at $65.00 per hour and materials of $57.00. I have allowed the labour charge, but at $35.00 per hour. • A curtain retaining hook has been torn off the wall. The landlord has charged for 4 hours labour at $65.00 per hour and materials of $57.00 for repairs. I have allowed the claim, with a reduction to the hourly rate to $35.00. • The tenant installed security cameras without the prior approval of the landlord. The landlord asked the tenant to remove the cameras and to reinstate the ceiling areas where they had been installed. The tenant did remove the cameras, but failed to repair the damage left behind. The landlord has claimed 3 hours labour at $65.00 per hour and materials of $64.00. I have allowed the claim with the reduction in hourly rate to $35.00.
The amounts ordered are proved.
The landlord has applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4940657 — Rent arrears

At a glance

Tenancy Tribunal case 4940657 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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