What was the outcome of Tenancy Tribunal case 5067099?

The tribunal order states: Adam O'Loughlin must pay Tonia Allan Property Management and Adele Savill

How much money was awarded in case 5067099?

Cleaning: $133.40 awarded to landlord; Cleaning: $442.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $374.69 awarded to landlord; Rent Arrears: $2,428.57 awarded to landlord; Water Rates: $91.45 awarded to landlord

What type of tenancy dispute was case 5067099?

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

Where can I read the official tribunal order for case 5067099?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11360995-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5067099?

The tribunal order states: Adam O'Loughlin must pay Tonia Allan Property Management and Adele Savill

How much money was awarded in case 5067099?

Cleaning: $133.40 awarded to landlord; Cleaning: $442.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $374.69 awarded to landlord; Rent Arrears: $2,428.57 awarded to landlord; Water Rates: $91.45 awarded to landlord

What type of tenancy dispute was case 5067099?

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

Where can I read the official tribunal order for case 5067099?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11360995-Tenancy_Tribunal_Order.pdf.

89 Coster Street, Stoke, Nelson 7011 Tenancy Tribunal Case 5067099 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 5067099 — net $777.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 September 2024	$2,428.57	Rent arrears to 23 September 2024
Carpet Cleaning: (stain removal only- 42 stains	$133.40	Carpet Cleaning: (stain removal only- 42 stains
Repairs	$374.69	Repairs
Cleaning	$442.75	Cleaning
Water rates: to 23 September 2024	$91.45	Water rates: to 23 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$777.86
Total payable by Tenant to Landlord	$777.86

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, 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 23 September 2024. The landlord provided rent records and water rates invoices which prove the amount owing at 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord says the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant provided an email from his girlfriend that confirms they both spent two hours undertaking extensive cleaning and that the premise was reasonably clean and tidy and that the landlord was expecting a higher standard of cleanliness, being in a state ready for sale, and that this was not required under the provisions of the Residential Tenancies Act 1986 (RTA).

The landlord produced detailed entry inspection and exit inspection reports and photographs that prove: a. The kitchen and bathroom drawers had dust and the kitchen drawers also had a number of obvious food marks; b. The rangehood filters were full of oil and grease and had not been put through the dishwasher to be cleaned; c. The showers and vanities had soap scum and soe calcium build up; d. There were yellow urine stains on the undersides of the toilet seats; e. The floors had some dirt on them that required further mopping; f. There were 42 small but obvious stains on the carpet that required stain removal from a specialist contractor; and g. There were numerous scuff marks on walls and ceilings throughout the house that were cleaned with a magic sponge. Some came off and others had to be sanded and repainted over.

I accept the premise was not in a reasonably clean and tidy state at the end of the tenancy, based on the photographic evidence provided by the landlord.

The amounts ordered are proved.

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.

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 landlord says the following damage was caused during the tenancy: a. Oil staining on the deck; b. Stickers on shelves; c. Tape on balcony; d. Scuff marks and scrapes on walls/ceiling and small holes that required filling, sanding and painting- these were primarily in the lounge, dining room and master bedroom and entrance way, but were also evident in other rooms in the house; and e. A broken door catch on the bedroom wardrobe.

The tenant says the damage was fair wear and tear, but the landlord has produced the entry and exit inspection reports and photographs that show the damage is more than fair wear and tear. Most of this damage appears to be from careless acts or omissions by the tenant, or persons in the premise with his consent.

The tenant produced an email from the property manager in June 2024, that confirms she is happy with the condition of the premise at that inspection. The landlord confirmed the damage was not evident at the June 2024 inspection and that most of the marks and stains were more obvious after all the tenant’s furniture and belongings had been removed.

The tenant also produced a property inspection from his new home and that shows that premise was in a reasonably clean and tidy condition at the time of the routine property inspection. This evidence does not prove the tenant left his last premise in a reasonably clean and tidy condition.

The tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Reimbursement of filing fee

Because Tonia Allan Property Management, Adele Savill has wholly succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5067099 — net $777.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 September 2024	$2,428.57	Rent arrears to 23 September 2024
Carpet Cleaning: (stain removal only- 42 stains	$133.40	Carpet Cleaning: (stain removal only- 42 stains
Repairs	$374.69	Repairs
Cleaning	$442.75	Cleaning
Water rates: to 23 September 2024	$91.45	Water rates: to 23 September 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$777.86
Total payable by Tenant to Landlord	$777.86

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, 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 23 September 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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

The landlord says the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

I accept the premise was not in a reasonably clean and tidy state at the end of the tenancy, based on the photographic evidence provided by the landlord.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Tonia Allan Property Management, Adele Savill has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5067099 — Rent arrears at 89 Coster Street, Stoke, Nelson 7011

At a glance

Tenancy Tribunal case 5067099 — Rent arrears at 89 Coster Street, Stoke, Nelson 7011

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

Property management

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

Property management

Frequently asked questions