What was Tenancy Tribunal case 4963653 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4963653?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $680.00 awarded to landlord; Walls And Wardrobe Door: $550.00 awarded to landlord; Rubbish Removal: $404.00 awarded to landlord; Water Rates: $142.77 awarded to landlord

What type of tenancy dispute was case 4963653?

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

Where can I read the official tribunal order for case 4963653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11210156-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4963653 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4963653?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $680.00 awarded to landlord; Walls And Wardrobe Door: $550.00 awarded to landlord; Rubbish Removal: $404.00 awarded to landlord; Water Rates: $142.77 awarded to landlord

What type of tenancy dispute was case 4963653?

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

Where can I read the official tribunal order for case 4963653?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11210156-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4963653 — Rent arrears

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New Zealand Tenancy Tribunal Case 4963653 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4963653 — net $1,803.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1/07/2024	$680.00	Rent arrears to 1/07/2024
Water rates to end of tenancy	$142.77	Water rates to end of tenancy
Cleaning and rubbish removal	$404.00	Cleaning and rubbish removal
Repairs: Walls and wardrobe door	$550.00	Repairs: Walls and wardrobe door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,803.77
Bond	$2,600.00
Total payable by Tenant to Landlord	$1,803.77

Claims and awards for application 4963653 — net $1,803.77 NZD. Verify on MoJ.

Rent arrears to 1/07/2024

Amount: $680.00
Awarded to: Landlord
Reason: Rent arrears to 1/07/2024

Water rates to end of tenancy

Amount: $142.77
Awarded to: Landlord
Reason: Water rates to end of tenancy

Cleaning and rubbish removal

Amount: $404.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Repairs: Walls and wardrobe door

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: Walls and wardrobe door

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] to pay [The landlord/s] $1,803.77 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,803.77 [The tenant/s]: $796.23

Reasons

Both parties attended the hearing on 27 November 2024.
The landlord has applied for rent arrears, water arrears, compensation for cleaning and damage repairs, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 1 July 2024. The parties agreed that one week of rent was owing at the end of the tenancy. A rent summary has been provided.
The landlord also sought payment of outstanding water rates and provided invoices which prove the amount owing at the end of the tenancy in the sum of $142.77. The tenant disputed this amount as she believed that a payment had been made in June 2024 by her husband which was not included.
The tenant provided a copy of a statement of her husband’s bank account. There is one payment made in June of $800.00 to the landlords on 12 June 2024. This amount is recorded in the landlord’s rent summary with a deduction of $22.86 on 16 June 2024. The water summary records two credits of $19.10 and $3.76 which equate to the $22.86 on 16 June 2024. There are no other payments recorded for June 2024.
I am satisfied that the rent and water summaries provided by the landlord include the June payment made by the tenant’s husband and the balance of water outstanding is $142.77. This amount is ordered accordingly.

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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant disputes the cleaning claim and claims that the premises were cleaned and left in a reasonably clean and tidy condition.
In respect of the rubbish the tenant accepts that general rubbish was left in the recycling bin but states that the rubbish on the carport roof in photos provided by the landlord was there prior to the tenancy commencing.
The landlord has produced entry and exit inspection reports and photographs. The tenant has produced two videos taken of a walk through of the premises at the end of the tenancy.
It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. It is common that a landlord wishes to clean to an extra level so that they can re-tenant the premises, that is a business decision that a landlord makes at their cost. What is “reasonably clean and tidy” is also affected by the age and condition of the premises.
In this case the premises were in a worn condition at the commencement of the tenancy as evidenced by the entry inspection. The rubbish that the tenant claims was on the carport roof at the beginning is evident in the entry photographs. The exit photographs and video show that the property has been cleaned. There are some areas where further cleaning is required in particular the floors and there is general rubbish left in an inside bin and the recycle bin.
I find that the majority of the inside of these premises was clean and tidy at the end of the tenancy. However, I am satisfied that some additional cleaning including the floors and removal of some rubbish was required to leave the premises reasonably clean and tidy. The landlord seeks $868.25 for full house cleaning and $345.00 for rubbish removal which totals $1213.25. I order that one third of the invoices in the sum of $404.00 is to be paid by the tenants towards this.
The landlord also seeks compensation in the sum of $258.75 for gardening and claims that the garden was not left reasonably clean and tidy. The tenant disputes this and claims that the landlord requested that she pull all the plants out of the planter box and she returned and did that. I have considered the entry and exit inspection photographs and find that the lawns and gardens were left in a condition similar to how they were at the beginning of the tenancy. I find that the landlord has not proved on the balance of probabilities that the gardens were not left reasonably clean and tidy. Therefore, no amount will be ordered for gardening.
The landlord sought $293.25 for an exterior house clean and claimed this on the basis that there were sticker marks on the exterior of the house due to the tenant affixing lights to the house. The tenant agreed that lights were affixed but stated that they had attempted to remove the tape. The photographs were inconclusive. House washing is a landlord maintenance responsibility; therefore, I find that the landlord has failed to prove that the tenants are responsible for the cost of the exterior house clean.

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 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 claims that the following damage was caused during the tenancy: damage to walls and a wardrobe door. The landlord seeks compensation of $1092.50 for the cost of the repairs.
The tenant accepts liability for the wardrobe door and compensation in the sum of $300.00 was agreed. The tenant accepts liability for some accidental holes in the walls but claimed that the paintwork was old. The landlord advised that the premises were last painted pre 2015.
I have taken into account betterment and depreciation. The landlord should 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. In calculating depreciation, I have taken into account the age and condition of the paintwork at the start of the tenancy which is fully depreciated. I order the tenant to pay a lump sum contribution of $250.00 towards hole repairs but find the painting is a landlord maintenance responsibility. Filing fee/Suppression
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Having considered the factors in this case the Tribunal grants suppression of all party details.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4963653 — net $1,803.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1/07/2024	$680.00	Rent arrears to 1/07/2024
Water rates to end of tenancy	$142.77	Water rates to end of tenancy
Cleaning and rubbish removal	$404.00	Cleaning and rubbish removal
Repairs: Walls and wardrobe door	$550.00	Repairs: Walls and wardrobe door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,803.77
Bond	$2,600.00
Total payable by Tenant to Landlord	$1,803.77

Claims and awards for application 4963653 — net $1,803.77 NZD. Verify on MoJ.

Rent arrears to 1/07/2024

Amount: $680.00
Awarded to: Landlord
Reason: Rent arrears to 1/07/2024

Water rates to end of tenancy

Amount: $142.77
Awarded to: Landlord
Reason: Water rates to end of tenancy

Cleaning and rubbish removal

Amount: $404.00
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Repairs: Walls and wardrobe door

Amount: $550.00
Awarded to: Landlord
Reason: Repairs: Walls and wardrobe door

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Filing Fee Rent arrears Property damage Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
[The tenant/s] to pay [The landlord/s] $1,803.77 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,803.77 [The tenant/s]: $796.23

Reasons

Both parties attended the hearing on 27 November 2024.
The landlord has applied for rent arrears, water arrears, compensation for cleaning and damage repairs, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 1 July 2024. The parties agreed that one week of rent was owing at the end of the tenancy. A rent summary has been provided.
The landlord also sought payment of outstanding water rates and provided invoices which prove the amount owing at the end of the tenancy in the sum of $142.77. The tenant disputed this amount as she believed that a payment had been made in June 2024 by her husband which was not included.
The tenant provided a copy of a statement of her husband’s bank account. There is one payment made in June of $800.00 to the landlords on 12 June 2024. This amount is recorded in the landlord’s rent summary with a deduction of $22.86 on 16 June 2024. The water summary records two credits of $19.10 and $3.76 which equate to the $22.86 on 16 June 2024. There are no other payments recorded for June 2024.
I am satisfied that the rent and water summaries provided by the landlord include the June payment made by the tenant’s husband and the balance of water outstanding is $142.77. This amount is ordered accordingly.

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, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant disputes the cleaning claim and claims that the premises were cleaned and left in a reasonably clean and tidy condition.
In respect of the rubbish the tenant accepts that general rubbish was left in the recycling bin but states that the rubbish on the carport roof in photos provided by the landlord was there prior to the tenancy commencing.
The landlord has produced entry and exit inspection reports and photographs. The tenant has produced two videos taken of a walk through of the premises at the end of the tenancy.
It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. It is common that a landlord wishes to clean to an extra level so that they can re-tenant the premises, that is a business decision that a landlord makes at their cost. What is “reasonably clean and tidy” is also affected by the age and condition of the premises.
In this case the premises were in a worn condition at the commencement of the tenancy as evidenced by the entry inspection. The rubbish that the tenant claims was on the carport roof at the beginning is evident in the entry photographs. The exit photographs and video show that the property has been cleaned. There are some areas where further cleaning is required in particular the floors and there is general rubbish left in an inside bin and the recycle bin.
I find that the majority of the inside of these premises was clean and tidy at the end of the tenancy. However, I am satisfied that some additional cleaning including the floors and removal of some rubbish was required to leave the premises reasonably clean and tidy. The landlord seeks $868.25 for full house cleaning and $345.00 for rubbish removal which totals $1213.25. I order that one third of the invoices in the sum of $404.00 is to be paid by the tenants towards this.
The landlord also seeks compensation in the sum of $258.75 for gardening and claims that the garden was not left reasonably clean and tidy. The tenant disputes this and claims that the landlord requested that she pull all the plants out of the planter box and she returned and did that. I have considered the entry and exit inspection photographs and find that the lawns and gardens were left in a condition similar to how they were at the beginning of the tenancy. I find that the landlord has not proved on the balance of probabilities that the gardens were not left reasonably clean and tidy. Therefore, no amount will be ordered for gardening.
The landlord sought $293.25 for an exterior house clean and claimed this on the basis that there were sticker marks on the exterior of the house due to the tenant affixing lights to the house. The tenant agreed that lights were affixed but stated that they had attempted to remove the tape. The photographs were inconclusive. House washing is a landlord maintenance responsibility; therefore, I find that the landlord has failed to prove that the tenants are responsible for the cost of the exterior house clean.

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 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 claims that the following damage was caused during the tenancy: damage to walls and a wardrobe door. The landlord seeks compensation of $1092.50 for the cost of the repairs.
The tenant accepts liability for the wardrobe door and compensation in the sum of $300.00 was agreed. The tenant accepts liability for some accidental holes in the walls but claimed that the paintwork was old. The landlord advised that the premises were last painted pre 2015.
I have taken into account betterment and depreciation. The landlord should 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. In calculating depreciation, I have taken into account the age and condition of the paintwork at the start of the tenancy which is fully depreciated. I order the tenant to pay a lump sum contribution of $250.00 towards hole repairs but find the painting is a landlord maintenance responsibility. Filing fee/Suppression
Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Having considered the factors in this case the Tribunal grants suppression of all party details.

Tenancy Tribunal case 4963653 — Rent arrears

At a glance

Tenancy Tribunal case 4963653 — 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