What was Tenancy Tribunal case 5037868 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 5037868?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,285.71 awarded to landlord; Replace Bedhead And Mattress: $1,000.00 awarded to landlord; Replace Carpet: $4,468.75 awarded to landlord

What type of tenancy dispute was case 5037868?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5037868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11506260-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5037868 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 5037868?

Cleaning: $1,000.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,285.71 awarded to landlord; Replace Bedhead And Mattress: $1,000.00 awarded to landlord; Replace Carpet: $4,468.75 awarded to landlord

What type of tenancy dispute was case 5037868?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5037868?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11506260-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5037868 — Rent arrears

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New Zealand Tenancy Tribunal Case 5037868 — 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 5037868 — net $7,781.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 October 2024	$3,285.71	Rent arrears to 18 October 2024
Cleaning	$1,000.00	Cleaning
Replace carpet	$4,468.75	Replace carpet
Replace bedhead and mattress	$1,000.00	Replace bedhead and mattress
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,781.46
Total payable by Tenant to Landlord	$7,781.46

Claims and awards for application 5037868 — net $7,781.46 NZD. Verify on MoJ.

Rent arrears to 18 October 2024

Amount: $3,285.71
Awarded to: Landlord
Reason: Rent arrears to 18 October 2024

Cleaning

Amount: $1,000.00
Awarded to: Landlord
Reason: Cleaning

Replace carpet

Amount: $4,468.75
Awarded to: Landlord
Reason: Replace carpet

Replace bedhead and mattress

Amount: $1,000.00
Awarded to: Landlord
Reason: Replace bedhead and mattress

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Joshua William Sutcliffe must pay [The landlord/s] $7,781.46 immediately, calculated as shown in table below.
The landlord’s claim for replacement of drapes and blinds is dismissed.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, but the tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord did not provide a copy of the tenancy agreement for the pages preceding the Insurance Statement (page 11 of the agreement). The landlord’s evidence is that the tenancy was for a 12 month fixed term commencing on 6 February 2024. The date the tenancy commenced is supported by the rent summary provided. The rent summary also supports that rent was $500.00 a week.
The tenancy premises has two bedrooms. The landlord said the agreement recorded that the tenant and his son could live in the premises but that another adult and a dog were also living there for most of the tenancy.
The onus of proving the claim rests with the party bringing the claim, which in this instance is the landlord. The standard of proof, or level of evidence, required is “on the balance of probabilities”. In other words, the party making the claim must establish with evidence that what is claimed and the amount that is claimed is proven to be “more probable than not” or “more likely than not”.
The landlord must establish that the tenant has breached the terms of the agreement of the provisions of the Residential Tenancies Act 1986 (RTA).

How much is owed for rent?

The landlord claims the tenant abandoned the premises. On 18 October 2024 she received a message from the tenant that he had vacated the premises on 6 October and was not coming back. The landlord seeks rent to 18 October 2024.
Abandonment of premises occurs when a tenant vacates the property and does not intend to return. I find the tenancy was abandoned on 6 October and that the landlord took possession of the property soon after being told by the tenant he had left and was not returning. Section 61 of the RTA sets out the tenant’s liability for rent when they abandon premises. I find the landlord is entitled to rent to 18 October 2024 as claimed.
The landlord provided rent records which prove the amount owing as claimed.

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) RTA
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The obligation includes keeping both the inside and the outside of the premises clean.
The landlord carried out the work to clean both the inside and the outside of the premises. Her evidence is that the property was very dirty inside. Photographs presented by the landlord support that there that there was mould on walls and ceilings, and that the kitchen had dishes and food scraps on the bench and oven top. The carpet was stained and was commercially cleaned. The vanity was also badly stained and the landlord attempted unsuccessfully to remove the stains.
The photographs show the lawns were very long and the garden overgrown. The tenant padlocked a gate which meant the lawn mowing contractor engaged by the landlord could not mow the lawns.
The landlord claims $3,151.29 for cleaning which is based on a quote provided by a commercial contractor. The landlord has carried out the work primarily herself, with the exception of carpet cleaning. The quote includes costs for creating a scope of work and organising staff and materials ($300); supervising staff and senior cleaners ($1088.00); cleaning staff ($960.00); cleaning materials ($65); removing and disposing of carpet ($280.00) and travel $65.00. The work quoted includes a full clean of the inside (walls, doors, windows, ceiling floors included), cleaning the windows outside, removing the outside rubbish, mowing the grass, and weeding the gardens.
It is not appropriate to consider or award for some of the costs claimed as itemised in the quote given the landlord has carried out the work herself. This includes creating the scope of work, organising and supervising staff costs, and travel costs. The cost to remove and dispose of the carpet is considered below. However the quote supports the evidence that the tenant did not meet their obligations to leave the property clean and tidy and to remove all rubbish. In addition I note that the quote includes 15% gst and tax obligations, and that a contractor suppling a quote of this nature would probably expect an element of profit to be included.
The landlord has not provided written details recording the time taken to do the work. The number of photographs establishing the condition the property was left in are limited however combined with the information of work required in the written quote I am convinced that significant cleaning was needed to bring to it the standard required. After considering all of the evidence presented by the landlord and based on that evidence I award $1,150.00 as the reasonable cost of carrying out the cleaning and tidying of the inside and outside of the premises. This does not include the cost of cleaning the outside of the windows but does include the cost to clean the carpet in an attempt to removes the stains.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

To succeed with a claim for damage 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.
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: Carpet:
The landlord says the carpet was stained with paint, dog faeces, food stains and other stains. The carpet was professionally cleaned but the stains could not be removed. The landlord seeks $5,289.14 to replace the carpet, which from the evidence was installed in October 2022.
I am satisfied the carpet is permanently stained. The landlord has not yet replaced the carpet as she has been carrying out all other work (repainting walls etc) herself, and intends to replace the carpet after all other work is done. The landlord has presented an estimate for carpet of the same quality as was laid before the tenancy started. The estimate ranges from $5,232.93 to $6,395.81 and states that it is “indicative only”.
In awarding compensation for damage, the Tribunal must consider 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. From the photographs provided I am satisfied that the damaged carpet was good quality and in keeping with the range provided I the quote.
I consider wool carpet reasonably has a lifespan in a rental opportunity of around 10 years. This means the carpet had around 80% of its lifespan to run at the end of the tenancy. Given that the landlord has not yet replaced the carpet I award $4,468.75 being 80% of the lower end of the range ($4,188.75) plus the cost to remove and dispose of the carpet ($280.00). Bedhead and mattress:
The tenancy agreement records that the bed was provided by the landlord as part of the tenancy. The photographs establish that the bedhead was graffitied and left outside in the weather during the tenancy. The fabric and the decorative wooden frame is damaged. The mattress is covered with stains that appear to be paint and/or ink.
The landlord claims the bedhead is a collectible item, but has not provided evidence of its value. The landlord said the mattress was a year old at the start of the tenancy and cost $1,000.00. No evidence supporting the cost claimed ($2,000.00) was provided however I am satisfied the tenant or someone at the premises with his permission caused the damage during the tenancy. In the circumstances, and considering betterment and depreciation as set out above, I find an award of $1,000.00 for both items is reasonable. Blinds and Drapes
landlord claims $1,707.00 for replacement blinds and drapes on the basis they very mouldy at the end of the tenancy.
The landlord has not proven her claim as no evidence has been presented supporting the condition of these items at either the start or end of the tenancy, and no evidence was presented supporting the amount claimed. Accordingly this claim is dismissed. Other orders
As the landlord has mainly been successful in their claim I must reimburse the filing fee (section 102(4), RTA).
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that a party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case (see section 95A, RTA ).
The landlord seeks suppression of her name and the address of the tenancy. The landlord has been mainly successful in her claim and suppression as requested is granted.

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 5037868 — net $7,781.46 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 October 2024	$3,285.71	Rent arrears to 18 October 2024
Cleaning	$1,000.00	Cleaning
Replace carpet	$4,468.75	Replace carpet
Replace bedhead and mattress	$1,000.00	Replace bedhead and mattress
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,781.46
Total payable by Tenant to Landlord	$7,781.46

Claims and awards for application 5037868 — net $7,781.46 NZD. Verify on MoJ.

Rent arrears to 18 October 2024

Amount: $3,285.71
Awarded to: Landlord
Reason: Rent arrears to 18 October 2024

Cleaning

Amount: $1,000.00
Awarded to: Landlord
Reason: Cleaning

Replace carpet

Amount: $4,468.75
Awarded to: Landlord
Reason: Replace carpet

Replace bedhead and mattress

Amount: $1,000.00
Awarded to: Landlord
Reason: Replace bedhead and mattress

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Joshua William Sutcliffe must pay [The landlord/s] $7,781.46 immediately, calculated as shown in table below.
The landlord’s claim for replacement of drapes and blinds is dismissed.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing, but the tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord did not provide a copy of the tenancy agreement for the pages preceding the Insurance Statement (page 11 of the agreement). The landlord’s evidence is that the tenancy was for a 12 month fixed term commencing on 6 February 2024. The date the tenancy commenced is supported by the rent summary provided. The rent summary also supports that rent was $500.00 a week.
The tenancy premises has two bedrooms. The landlord said the agreement recorded that the tenant and his son could live in the premises but that another adult and a dog were also living there for most of the tenancy.
The onus of proving the claim rests with the party bringing the claim, which in this instance is the landlord. The standard of proof, or level of evidence, required is “on the balance of probabilities”. In other words, the party making the claim must establish with evidence that what is claimed and the amount that is claimed is proven to be “more probable than not” or “more likely than not”.
The landlord must establish that the tenant has breached the terms of the agreement of the provisions of the Residential Tenancies Act 1986 (RTA).

How much is owed for rent?

The landlord claims the tenant abandoned the premises. On 18 October 2024 she received a message from the tenant that he had vacated the premises on 6 October and was not coming back. The landlord seeks rent to 18 October 2024.
Abandonment of premises occurs when a tenant vacates the property and does not intend to return. I find the tenancy was abandoned on 6 October and that the landlord took possession of the property soon after being told by the tenant he had left and was not returning. Section 61 of the RTA sets out the tenant’s liability for rent when they abandon premises. I find the landlord is entitled to rent to 18 October 2024 as claimed.
The landlord provided rent records which prove the amount owing as claimed.

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) RTA
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The obligation includes keeping both the inside and the outside of the premises clean.
The landlord carried out the work to clean both the inside and the outside of the premises. Her evidence is that the property was very dirty inside. Photographs presented by the landlord support that there that there was mould on walls and ceilings, and that the kitchen had dishes and food scraps on the bench and oven top. The carpet was stained and was commercially cleaned. The vanity was also badly stained and the landlord attempted unsuccessfully to remove the stains.
The photographs show the lawns were very long and the garden overgrown. The tenant padlocked a gate which meant the lawn mowing contractor engaged by the landlord could not mow the lawns.
The landlord claims $3,151.29 for cleaning which is based on a quote provided by a commercial contractor. The landlord has carried out the work primarily herself, with the exception of carpet cleaning. The quote includes costs for creating a scope of work and organising staff and materials ($300); supervising staff and senior cleaners ($1088.00); cleaning staff ($960.00); cleaning materials ($65); removing and disposing of carpet ($280.00) and travel $65.00. The work quoted includes a full clean of the inside (walls, doors, windows, ceiling floors included), cleaning the windows outside, removing the outside rubbish, mowing the grass, and weeding the gardens.
It is not appropriate to consider or award for some of the costs claimed as itemised in the quote given the landlord has carried out the work herself. This includes creating the scope of work, organising and supervising staff costs, and travel costs. The cost to remove and dispose of the carpet is considered below. However the quote supports the evidence that the tenant did not meet their obligations to leave the property clean and tidy and to remove all rubbish. In addition I note that the quote includes 15% gst and tax obligations, and that a contractor suppling a quote of this nature would probably expect an element of profit to be included.
The landlord has not provided written details recording the time taken to do the work. The number of photographs establishing the condition the property was left in are limited however combined with the information of work required in the written quote I am convinced that significant cleaning was needed to bring to it the standard required. After considering all of the evidence presented by the landlord and based on that evidence I award $1,150.00 as the reasonable cost of carrying out the cleaning and tidying of the inside and outside of the premises. This does not include the cost of cleaning the outside of the windows but does include the cost to clean the carpet in an attempt to removes the stains.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

To succeed with a claim for damage 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.
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: Carpet:
The landlord says the carpet was stained with paint, dog faeces, food stains and other stains. The carpet was professionally cleaned but the stains could not be removed. The landlord seeks $5,289.14 to replace the carpet, which from the evidence was installed in October 2022.
I am satisfied the carpet is permanently stained. The landlord has not yet replaced the carpet as she has been carrying out all other work (repainting walls etc) herself, and intends to replace the carpet after all other work is done. The landlord has presented an estimate for carpet of the same quality as was laid before the tenancy started. The estimate ranges from $5,232.93 to $6,395.81 and states that it is “indicative only”.
In awarding compensation for damage, the Tribunal must consider 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. From the photographs provided I am satisfied that the damaged carpet was good quality and in keeping with the range provided I the quote.
I consider wool carpet reasonably has a lifespan in a rental opportunity of around 10 years. This means the carpet had around 80% of its lifespan to run at the end of the tenancy. Given that the landlord has not yet replaced the carpet I award $4,468.75 being 80% of the lower end of the range ($4,188.75) plus the cost to remove and dispose of the carpet ($280.00). Bedhead and mattress:
The tenancy agreement records that the bed was provided by the landlord as part of the tenancy. The photographs establish that the bedhead was graffitied and left outside in the weather during the tenancy. The fabric and the decorative wooden frame is damaged. The mattress is covered with stains that appear to be paint and/or ink.
The landlord claims the bedhead is a collectible item, but has not provided evidence of its value. The landlord said the mattress was a year old at the start of the tenancy and cost $1,000.00. No evidence supporting the cost claimed ($2,000.00) was provided however I am satisfied the tenant or someone at the premises with his permission caused the damage during the tenancy. In the circumstances, and considering betterment and depreciation as set out above, I find an award of $1,000.00 for both items is reasonable. Blinds and Drapes
landlord claims $1,707.00 for replacement blinds and drapes on the basis they very mouldy at the end of the tenancy.
The landlord has not proven her claim as no evidence has been presented supporting the condition of these items at either the start or end of the tenancy, and no evidence was presented supporting the amount claimed. Accordingly this claim is dismissed. Other orders
As the landlord has mainly been successful in their claim I must reimburse the filing fee (section 102(4), RTA).
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that a party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case (see section 95A, RTA ).
The landlord seeks suppression of her name and the address of the tenancy. The landlord has been mainly successful in her claim and suppression as requested is granted.

Tenancy Tribunal case 5037868 — Rent arrears

At a glance

Tenancy Tribunal case 5037868 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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