How much money was awarded in case 5051148?

10 Days Missed Rent: $1,071.43 awarded to landlord; Cleaning: $4,025.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $485.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $2,097.15 awarded to landlord; Rubbish Removal: $1,048.75 awarded to landlord; Property Damage: $846.61 awarded to landlord

What type of tenancy dispute was case 5051148?

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

Where can I read the official tribunal order for case 5051148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11499395-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5051148?

10 Days Missed Rent: $1,071.43 awarded to landlord; Cleaning: $4,025.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $485.00 awarded to landlord; Property Damage: $500.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $2,097.15 awarded to landlord; Rubbish Removal: $1,048.75 awarded to landlord; Property Damage: $846.61 awarded to landlord

What type of tenancy dispute was case 5051148?

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

Where can I read the official tribunal order for case 5051148?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11499395-Tribunal_Order_Redacted.pdf.

15 Pearce Crescent, Taita, Lower Hutt 5011 Tenancy Tribunal Case 5051148 — Cleanliness

Q: What was Tenancy Tribunal case 5051148 about?

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

Order

Claims and awards in Tenancy Tribunal application 5051148 — net $7,200.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 18 October 2024	$2,097.15		Rent arrears to 18 October 2024
Lock/key replacement	$485.00		Lock/key replacement
Cleaning the house, sanitising, loading skips, cleaning	$4,025.00		Cleaning the house, sanitising, loading skips, cleaning
Rubbish removal: 2 x skip bins	$1,048.75		Rubbish removal: 2 x skip bins
Front door repair - material and labour	$500.00		Front door repair - material and labour
Window repairs: broken glass x 7 and one frame repair	$846.61		Window repairs: broken glass x 7 and one frame repair
Laundry pipe repairs - material and labour	$100.00		Laundry pipe repairs - material and labour
10 days missed rent	$1,071.43		10 days missed rent
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond refunded		$3,000.00	Bond refunded
Total award	$10,200.94	$3,000.00
Net award	$7,200.94
Total payable by Tenant to Landlord	$7,200.94

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Georgina Leonie Layne and Jordyn Keith Steer must pay [The landlord/s] $7,200.94 immediately, calculated as shown in table below.

All other claims are dismissed.

Reasons

The landlord attended the hearing.

Mr Steer was properly served and sent reminders but he did not attend the hearing. Yesterday Ms Layne asked for an adjournment. She was asked to provide supporting evidence to show why she was unable to attend the hearing. We did not receive any current evidence. We telephoned Ms Layne twice at the start of the hearing but she did not answer the calls.

The landlord has applied for rent arrears, compensation, lost rent, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 18 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

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. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).

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.

This is the landlord’s claim to prove. He provided me with photos he took at the end of the tenancy. The house was left in a very poor condition. I can see that every room was dirty. The bathroom and kitchen were especially dirty. The landlord said the carpet was soiled with animal urine and faeces. It took many hours and many chemicals to clean and sanitise the house.

There was broken glass inside the house and around the section from the seven broken windows. The tenants left household rubbish, furniture, unclean appliances and debris throughout the house and the section. Two of the largest skips were needed to remove the rubbish and belongings. The lawns were also very overgrown.

I find the landlord has proved the very large claim for the cost of getting the house to a reasonable condition.

The tenants did not return the keys. The amount ordered is proved.

Are the tenants responsible for the damage to the premises?

There is a large claim for repairs. 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.

This is the landlord’s claim to prove. The landlord did not complete a property condition report at the start of the tenancy. This means it is hard for him to prove the damage happened during the tenancy. He has provided me with the photos used in the advertisement. Unfortunately, these are of a staged house, which means I cannot clearly see the walls and the carpet. The landlord has not proved the claims for replacement carpet and repairs to the walls and these claims are dismissed.

The landlord has proved seven windows, one window frame, the front door, and the laundry pipes were broken during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. Given the scale of the damage it seems most likely to me this was intentional damage. The amounts ordered are proved.

There is a claim for a replacement oven. I accept the oven was beyond cleaning and the landlord’s decision to replace the oven was reasonable. With claims like this I have to take betterment and depreciation into account. The landlord should be returned to the position he would have been in had the tenant not breached their obligations, and should not be better or worse off. I cannot do the usual calculations for depreciation because there is no evidence about the age of the oven. I note it is an older style freestanding oven and one of the elements did not work at the start of the tenancy. The landlord has not proved there was a loss, and this claim is dismissed.

There is a claim for Mevo for two days of driving to get materials for repairs. I would not usually allow a claim for petrol or vehicle costs, so I am not allowing this similar claim. Landlords have to expect there will be some running around at the end of each tenancy.

Should the tenants pay for lost rent?

There is a claim for lost rent. This was originally for 10 days. The landlord provided me with supporting evidence that it took him over four weeks to get the house to a condition where it could be rented again. Lost rent is not usually a claim the Tribunal allows because we expect there will be maintenance and repairs between tenancies. I note that none of the repairs were serious and could have been completed within two weeks. However, the house was most likely unsanitary and unclean, and the carpets and oven were ruined. I accept it took more time than usual to get the house back to a reasonable condition. I find an additional ten days of rent is fair, taking the particular circumstances of this tenancy into account. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord’s application for suppression is allowed because he is the most successful party. The tenants’ names will be published because there is public interest when tenants owe money. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 5051148 — net $7,200.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 18 October 2024	$2,097.15		Rent arrears to 18 October 2024
Lock/key replacement	$485.00		Lock/key replacement
Cleaning the house, sanitising, loading skips, cleaning	$4,025.00		Cleaning the house, sanitising, loading skips, cleaning
Rubbish removal: 2 x skip bins	$1,048.75		Rubbish removal: 2 x skip bins
Front door repair - material and labour	$500.00		Front door repair - material and labour
Window repairs: broken glass x 7 and one frame repair	$846.61		Window repairs: broken glass x 7 and one frame repair
Laundry pipe repairs - material and labour	$100.00		Laundry pipe repairs - material and labour
10 days missed rent	$1,071.43		10 days missed rent
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond refunded		$3,000.00	Bond refunded
Total award	$10,200.94	$3,000.00
Net award	$7,200.94
Total payable by Tenant to Landlord	$7,200.94

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Georgina Leonie Layne and Jordyn Keith Steer must pay [The landlord/s] $7,200.94 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing.
Mr Steer was properly served and sent reminders but he did not attend the hearing. Yesterday Ms Layne asked for an adjournment. She was asked to provide supporting evidence to show why she was unable to attend the hearing. We did not receive any current evidence. We telephoned Ms Layne twice at the start of the hearing but she did not answer the calls.
The landlord has applied for rent arrears, compensation, lost rent, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 18 October 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

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. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
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.
This is the landlord’s claim to prove. He provided me with photos he took at the end of the tenancy. The house was left in a very poor condition. I can see that every room was dirty. The bathroom and kitchen were especially dirty. The landlord said the carpet was soiled with animal urine and faeces. It took many hours and many chemicals to clean and sanitise the house.
There was broken glass inside the house and around the section from the seven broken windows. The tenants left household rubbish, furniture, unclean appliances and debris throughout the house and the section. Two of the largest skips were needed to remove the rubbish and belongings. The lawns were also very overgrown.
I find the landlord has proved the very large claim for the cost of getting the house to a reasonable condition.
The tenants did not return the keys. The amount ordered is proved.

Are the tenants responsible for the damage to the premises?

There is a large claim for repairs. 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.
This is the landlord’s claim to prove. The landlord did not complete a property condition report at the start of the tenancy. This means it is hard for him to prove the damage happened during the tenancy. He has provided me with the photos used in the advertisement. Unfortunately, these are of a staged house, which means I cannot clearly see the walls and the carpet. The landlord has not proved the claims for replacement carpet and repairs to the walls and these claims are dismissed.
The landlord has proved seven windows, one window frame, the front door, and the laundry pipes were broken during the tenancy. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage. Given the scale of the damage it seems most likely to me this was intentional damage. The amounts ordered are proved.
There is a claim for a replacement oven. I accept the oven was beyond cleaning and the landlord’s decision to replace the oven was reasonable. With claims like this I have to take betterment and depreciation into account. The landlord should be returned to the position he would have been in had the tenant not breached their obligations, and should not be better or worse off. I cannot do the usual calculations for depreciation because there is no evidence about the age of the oven. I note it is an older style freestanding oven and one of the elements did not work at the start of the tenancy. The landlord has not proved there was a loss, and this claim is dismissed.
There is a claim for Mevo for two days of driving to get materials for repairs. I would not usually allow a claim for petrol or vehicle costs, so I am not allowing this similar claim. Landlords have to expect there will be some running around at the end of each tenancy.

Should the tenants pay for lost rent?

There is a claim for lost rent. This was originally for 10 days. The landlord provided me with supporting evidence that it took him over four weeks to get the house to a condition where it could be rented again. Lost rent is not usually a claim the Tribunal allows because we expect there will be maintenance and repairs between tenancies. I note that none of the repairs were serious and could have been completed within two weeks. However, the house was most likely unsanitary and unclean, and the carpets and oven were ruined. I accept it took more time than usual to get the house back to a reasonable condition. I find an additional ten days of rent is fair, taking the particular circumstances of this tenancy into account. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because he is the most successful party. The tenants’ names will be published because there is public interest when tenants owe money. See section 95A RTA.

Tenancy Tribunal case 5051148 — Cleanliness at 15 Pearce Crescent, Taita, Lower Hutt 5011

At a glance

Tenancy Tribunal case 5051148 — Cleanliness at 15 Pearce Crescent, Taita, Lower Hutt 5011

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Are the tenants responsible for the damage to the premises?

Should the tenants pay for lost rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Are the tenants responsible for the damage to the premises?

Should the tenants pay for lost rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions