What was Tenancy Tribunal case 4970913 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 4970913?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4896580 D…: $5,920.44 awarded to landlord; Rubbish Removal: $1,273.38 awarded to landlord

What type of tenancy dispute was case 4970913?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4970913?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11186501-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4970913 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 4970913?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4896580 D…: $5,920.44 awarded to landlord; Rubbish Removal: $1,273.38 awarded to landlord

What type of tenancy dispute was case 4970913?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4970913?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11186501-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4970913 — Cleanliness

Claims and awards in Tenancy Tribunal application 4970913 — net $7,720.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4896580 dated 22/07/2024	$5,920.44	Previous order application 4896580 dated 22/07/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$500.00	Cleaning
Rubbish removal and repair of hole in wall	$1,273.38	Rubbish removal and repair of hole in wall
Net award	$7,720.82
Total payable by Tenant to Landlord	$7,720.82

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord owner’s name and identifying details.
Gaylene Marie Klaassen must pay Central Waikato Realty Limited As Agent For [the applicant] $7,720.38 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 22 July 2024 under application 2896580.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered.
I am satisfied the tenant was properly served with notice of the hearing.
The hearing proceeded in her absence.
The landlord has applied for compensation 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?

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 RTA does not require the premises to be returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work). Cleaning costs
The tenancy ended by way of a termination order made by the Tribunal.
On vacating the property, the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord’s evidence was that the property was dirty throughout, that the carpets were dirty and stained, that surfaces and walls were dirty and marked and that there was a lot of rubbish that required removal.
The landlord provided inspection reports from the start and end of the tenancy, with photographs and an invoice to support the claim.
I accept that rubbish removal and general cleaning was required.
The claim for cleaning was for $552.00.
I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably clean and tidy condition. The tenant is not required to clean to a level that it can be re-tenanted immediately. The landlord advised that the property was cleaned to a level that it was able to be re-tenanted. The amount ordered is $500.00.
The amount ordered is proved.
I will address the claim for rubbish removal below. Keys / Locksmith
The landlord claimed the cost of getting the locks changed.
The landlord said when they terminate a tenancy they change the locks because they do not know what keys the previous tenant might have had cut and retained.
The tenant returned the keys at the end of the tenancy. A tenant who returns all keys is not liable for the landlord’s decision to change the locks for the new tenant.
The application in respect of key and lock replacement is dismissed.

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.
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: a. There was a hole in the wall that the tenant had advised the landlord was caused when she was moving furniture. I consider this damage most likely caused by the careless act of the tenant. b. The landlord provided a pre and post tenancy inspection report in support of the claim. c. The tenant is only liable for the amount of landlord’s insurance excess (in this case being less than four weeks rent) of $680.00 and I make an order for this amount.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided a combined invoice for a handyman to undertake the repair to the wall and remove rubbish.
The total invoice was for $1,273.38.
The invoice did not itemise the amount for repairing the damage to the wall separately from rubbish removal (and undertaking some other tasks in tidying the premises).
The invoice narration records that a significant amount of rubbish needed to be removed and taken to the refuse station.
I consider the balance of the invoice (after taking into account the insurance excess ordered above) of $593.38 reasonably compensates the landlord for the rubbish removal.
The amount ordered for the damage and rubbish removal is therefore the full amount of the “handyman’s” invoice of $1,273.38
The amounts ordered are proved.
I have taken into account betterment and depreciation.
The amount ordered for the wall damage is the repair costs only, therefore there is no deduction for depreciation. Previous order
On 22 July 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 24 July 2024 being the end of the tenancy, the filing fee and payment of the bond. The amount ordered was $5,920.44.
The previous order is incorporated into this order for enforcement purposes. Filing fee
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee of $27.00

Claims and awards in Tenancy Tribunal application 4970913 — net $7,720.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4896580 dated 22/07/2024	$5,920.44	Previous order application 4896580 dated 22/07/2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$500.00	Cleaning
Rubbish removal and repair of hole in wall	$1,273.38	Rubbish removal and repair of hole in wall
Net award	$7,720.82
Total payable by Tenant to Landlord	$7,720.82

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord owner’s name and identifying details.
Gaylene Marie Klaassen must pay Central Waikato Realty Limited As Agent For [the applicant] $7,720.38 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 22 July 2024 under application 2896580.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered.
I am satisfied the tenant was properly served with notice of the hearing.
The hearing proceeded in her absence.
The landlord has applied for compensation 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?

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 RTA does not require the premises to be returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work). Cleaning costs
The tenancy ended by way of a termination order made by the Tribunal.
On vacating the property, the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord’s evidence was that the property was dirty throughout, that the carpets were dirty and stained, that surfaces and walls were dirty and marked and that there was a lot of rubbish that required removal.
The landlord provided inspection reports from the start and end of the tenancy, with photographs and an invoice to support the claim.
I accept that rubbish removal and general cleaning was required.
The claim for cleaning was for $552.00.
I have largely reimbursed the landlord’s cleaning costs but made a small deduction as the tenant is only required to ensure they leave the premises in a reasonably clean and tidy condition. The tenant is not required to clean to a level that it can be re-tenanted immediately. The landlord advised that the property was cleaned to a level that it was able to be re-tenanted. The amount ordered is $500.00.
The amount ordered is proved.
I will address the claim for rubbish removal below. Keys / Locksmith
The landlord claimed the cost of getting the locks changed.
The landlord said when they terminate a tenancy they change the locks because they do not know what keys the previous tenant might have had cut and retained.
The tenant returned the keys at the end of the tenancy. A tenant who returns all keys is not liable for the landlord’s decision to change the locks for the new tenant.
The application in respect of key and lock replacement is dismissed.

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.
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: a. There was a hole in the wall that the tenant had advised the landlord was caused when she was moving furniture. I consider this damage most likely caused by the careless act of the tenant. b. The landlord provided a pre and post tenancy inspection report in support of the claim. c. The tenant is only liable for the amount of landlord’s insurance excess (in this case being less than four weeks rent) of $680.00 and I make an order for this amount.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided a combined invoice for a handyman to undertake the repair to the wall and remove rubbish.
The total invoice was for $1,273.38.
The invoice did not itemise the amount for repairing the damage to the wall separately from rubbish removal (and undertaking some other tasks in tidying the premises).
The invoice narration records that a significant amount of rubbish needed to be removed and taken to the refuse station.
I consider the balance of the invoice (after taking into account the insurance excess ordered above) of $593.38 reasonably compensates the landlord for the rubbish removal.
The amount ordered for the damage and rubbish removal is therefore the full amount of the “handyman’s” invoice of $1,273.38
The amounts ordered are proved.
I have taken into account betterment and depreciation.
The amount ordered for the wall damage is the repair costs only, therefore there is no deduction for depreciation. Previous order
On 22 July 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 24 July 2024 being the end of the tenancy, the filing fee and payment of the bond. The amount ordered was $5,920.44.
The previous order is incorporated into this order for enforcement purposes. Filing fee
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee of $27.00

Tenancy Tribunal case 4970913 — Cleanliness

At a glance

Tenancy Tribunal case 4970913 — 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