What was Tenancy Tribunal case 5043108 about?

The tribunal order states: Kelly Roy and Andrew Miles Roy to pay [The landlord/s] $681.48 from the

How much money was awarded in case 5043108?

Cleaning: $150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $86.25 awarded to landlord; Carpet: $112.50 awarded to landlord; Painting: $305.73 awarded to landlord

What type of tenancy dispute was case 5043108?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5043108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11399708-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5043108 about?

The tribunal order states: Kelly Roy and Andrew Miles Roy to pay [The landlord/s] $681.48 from the

How much money was awarded in case 5043108?

Cleaning: $150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $86.25 awarded to landlord; Carpet: $112.50 awarded to landlord; Painting: $305.73 awarded to landlord

What type of tenancy dispute was case 5043108?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5043108?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11399708-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5043108 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5043108 — net $681.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$86.25	e gardens to a reasonably clean and tidy standard. The tenant is ordered to pay $86.25.
Carpet Cleaning	$150.00	Carpet Cleaning
Repairs: Painting	$305.73	Repairs: Painting
Repairs: Carpet	$112.50	Repairs: Carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$681.48
Bond	$2,080.00
Total payable by Tenant to Landlord	$681.48

Both parties attended this video hearing on 4 February 2025.

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

The law relating to the issues before the Tribunal is contained in the Residential Tenancies Act 1986 (“RTA”).

As with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That means that it is for the party bringing the application to establish their claims “on the balance of probabilities.” That means that in this case the landlord must establish that what they are claiming is more likely than not.

The term “balance of probabilities” means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is more likely. I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely.

The obligation to show that something is more likely than not is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs may be an important part of discharging this burden. Ultimately however, it is for the party making the application to decide what evidence to put before the Tribunal. This is significant in this hearing as the parties may find that a claim is not accepted, not because of any doubts about their voracity, but because they have failed to provide the evidence necessary to prove the case to the standard required. In this matter the property manager appearing for the landlord is also at a disadvantage, not having been appointed as the manager until recently.

As noted in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: “like anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.” (the emphasis is mine).

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. See section 40(1)(e)(ii)-(v) RTA.

The landlord says that the gardens were not reasonably tidy at the end of the tenancy. A contractor was employed to weed eat the garden and then spray the weeds. The contractor’s invoice provided also included repairs which will be dealt with separately. As best as I am able to, I have allocated $172.50 from the invoice for the gardening work.

The landlord provided photos showing the exterior of the premises. The photos show some weeds.

The tenants said that they had sprayed the weeds before they left, but that soon after the area experienced heavy rain which may have washed off the spray rendering it ineffective.

Having reviewed the evidence and the photos and the evidence , I consider that a charge of half of that claimed would have been sufficient to bring the gardens to a reasonably clean and tidy standard. The tenant is ordered to pay $86.25.

The landlord has claimed $269.79 for carpet cleaning. The invoice records that the lounge, dining, hallway and three bedrooms have been cleaned. A tenant is only required to pay for carpet cleaning where that cleaning is required to bring the premises up to the reasonably clean and tidy standard.

The landlord says that there were stains on the carpet and lots of cat fur.

The landlord’s photos showed some areas where the carpet appeared stained. The tenant’s photos show the carpet as being reasonably tidy. I accept that some areas may have been stained and therefore not reasonably clean and tidy. I do not accept that this required the whole house to be commercially cleaned. Having reviewed all of the photos, I consider that a reasonable charge for carpet cleaning to bring the premises to a reasonably clean and tidy standard would have been $150.00.

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 insured. The policy of insurance carries an excess on each and every claim of $400.00.

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 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: • Damage to the walls and a window sill. • A carpet was damaged.

The landlord required the tenants to use 3m strips or similar to hang items on the walls.

The landlord says that the premises have been damaged by the tenants as a result of using “excessive” 3m strips. The walls had been damaged where the tenants had removed the strips themselves. The remaining strips have been removed by the landlord’s contractor who has then filled the damaged areas, plastered and painted them. The balance of the invoice for this work is for $305.73.

The photos provided by the landlord show the minor damage and strips remaining on walls and light switches.

The tenants have provided a smaller number of photos and none of the damage or strips are shown in those photos.

The damage to the walls and scratches to the window sills is more than fair wear and tear and the tenant has not disproved liability for the damage. The tenant is ordered to pay $303.73 to the landlord.

A carpet was accidently burned which resulted in a small hole. The carpet was repaired at a cost of $112.50. The tenants accepted liability for the damage.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.

Both parties applied for name suppression. The landlord has been substantially successful in this hearing and suppression of the landlord name and details is ordered. The tenants have not been wholly or substantially successful in the hearing and the tenant’s application is dismissed.

Reasons

Claims and awards in Tenancy Tribunal application 5043108 — net $681.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$86.25	e gardens to a reasonably clean and tidy standard. The tenant is ordered to pay $86.25.
Carpet Cleaning	$150.00	Carpet Cleaning
Repairs: Painting	$305.73	Repairs: Painting
Repairs: Carpet	$112.50	Repairs: Carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$681.48
Bond	$2,080.00
Total payable by Tenant to Landlord	$681.48