What was the outcome of Tenancy Tribunal case 5075710?

The tribunal order states: Ian Reynolds must pay Netway Marketing Limited as agent for William Beere

How much money was awarded in case 5075710?

Cleaning: $250.00 awarded to landlord; Cleaning: $1,260.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,206.04 awarded to landlord; Shower: $125.00 awarded to landlord; Walls: $300.00 awarded to landlord; Rubbish Removal: $469.00 awarded to landlord

What type of tenancy dispute was case 5075710?

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

Where can I read the official tribunal order for case 5075710?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11613765-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5075710?

The tribunal order states: Ian Reynolds must pay Netway Marketing Limited as agent for William Beere

How much money was awarded in case 5075710?

Cleaning: $250.00 awarded to landlord; Cleaning: $1,260.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,206.04 awarded to landlord; Shower: $125.00 awarded to landlord; Walls: $300.00 awarded to landlord; Rubbish Removal: $469.00 awarded to landlord

What type of tenancy dispute was case 5075710?

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

Where can I read the official tribunal order for case 5075710?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11613765-Tenancy_Tribunal_Order.pdf.

26 Mafeking Street, New Brighton, Christchurch 8061 Tenancy Tribunal Case 5075710 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5075710 — net $2,757.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 November 2024	$1,206.04	Rent arrears to 22 November 2024
Rubbish removal	$469.00	Rubbish removal
Cleaning	$1,260.00	Cleaning
Repairs: Walls	$300.00	Repairs: Walls
Repairs: Shower	$125.00	Repairs: Shower
Carpet cleaning and patch replacement	$250.00	Carpet cleaning and patch replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,757.04
Total payable by Tenant to Landlord	$2,757.04

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?

The landlord says that the tenancy ended on 22 November 2024.

The tenant gave notice to terminate the tenancy on 25 October 2024, and the landlord submits that regardless of when he physically moved out of the property, he is liable for rent until the end of the 28-day notice period – being 22 November 2024.

The tenant disputes the rental arrears amount and says that he had paid until the end of the notice period, as he was paying rent in advance and is adamant that there is no further rent owed.

The landlord provided rent records which prove the amount owing of $1,206.04 through to 22 November 2024. I have not seen any evidence that shows any additional payments made that are not recorded in this summary and although the tenant disputes that any rent is owed, he has not identified any specific missing payments, or elements of the rental summary that are incorrect.

I have reviewed the rental summary and am satisfied that the rental arrears being sought by the landlord is correct. The tenant is required to pay rent until the end of the 28-day notice period.

The amount ordered of $1,206.04 is proved.

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 landlord has claimed for the cost to remove rubbish and for cleaning. Photographs have been provided of the premises both before and after the tenancy. The landlord says that there was significant junk and rubbish left at the property. Invoices have been provided including for rubbish removal using a skip bin of $469.00 and cleaning of $1,260.00 (that included 35 hrs of cleaning work).

The tenant doesn’t dispute that this work was required, but that he did want to return to the property and carry out the cleaning, however he was not permitted by the landlord to do so.

I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

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 claims that during the tenancy, damage was caused to the walls, carpet, and shower. The walls had holes and a stain that all had to be patch repaired and painted. The landlord says that the carpet was new at the commencement of the tenancy, and at the end of the tenancy the carpet had a large stain (allegedly caused by vomit) that was unable to be removed by cleaning, and a new carpet patch was required to be installed. The shower also had a damaged shower head and blocked drain. Photographs have been provided of the damage.

Invoices have been provided for the works including; $300.00 for the wall repair, $125.00 for the shower repair and $250.00 for the carpet cleaning and patch replacement.

The landlord says there are several other items that required repair, however, these repair costs are not being sought.

The tenant disputes that the carpet was damaged by vomit, but otherwise doesn’t dispute the amounts sought. He does again say, however, that he would have repaired these if he had been allowed to return to the property.

The following damage was caused during the tenancy: Walls, shower, and carpet. The damage is more than fair wear and tear, and in my view the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because Netway Marketing Limited as agent for William Beere has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 27 March 2025

Claims and awards in Tenancy Tribunal application 5075710 — net $2,757.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 22 November 2024	$1,206.04	Rent arrears to 22 November 2024
Rubbish removal	$469.00	Rubbish removal
Cleaning	$1,260.00	Cleaning
Repairs: Walls	$300.00	Repairs: Walls
Repairs: Shower	$125.00	Repairs: Shower
Carpet cleaning and patch replacement	$250.00	Carpet cleaning and patch replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,757.04
Total payable by Tenant to Landlord	$2,757.04

Order

Ian Reynolds must pay Netway Marketing Limited as agent for William Beere $2,757.04 immediately, as calculated in the table below:
The Bond Centre is to pay the bond of $880.00 (3091859-003) to Netway Marketing Limited as agent for William Beere immediately.

Reasons

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?

The landlord says that the tenancy ended on 22 November 2024.
The tenant gave notice to terminate the tenancy on 25 October 2024, and the landlord submits that regardless of when he physically moved out of the property, he is liable for rent until the end of the 28-day notice period – being 22 November 2024.
The tenant disputes the rental arrears amount and says that he had paid until the end of the notice period, as he was paying rent in advance and is adamant that there is no further rent owed.
The landlord provided rent records which prove the amount owing of $1,206.04 through to 22 November 2024. I have not seen any evidence that shows any additional payments made that are not recorded in this summary and although the tenant disputes that any rent is owed, he has not identified any specific missing payments, or elements of the rental summary that are incorrect.
I have reviewed the rental summary and am satisfied that the rental arrears being sought by the landlord is correct. The tenant is required to pay rent until the end of the 28-day notice period.
The amount ordered of $1,206.04 is proved.

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 landlord has claimed for the cost to remove rubbish and for cleaning. Photographs have been provided of the premises both before and after the tenancy. The landlord says that there was significant junk and rubbish left at the property. Invoices have been provided including for rubbish removal using a skip bin of $469.00 and cleaning of $1,260.00 (that included 35 hrs of cleaning work).
The tenant doesn’t dispute that this work was required, but that he did want to return to the property and carry out the cleaning, however he was not permitted by the landlord to do so.
I am satisfied the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
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 claims that during the tenancy, damage was caused to the walls, carpet, and shower. The walls had holes and a stain that all had to be patch repaired and painted. The landlord says that the carpet was new at the commencement of the tenancy, and at the end of the tenancy the carpet had a large stain (allegedly caused by vomit) that was unable to be removed by cleaning, and a new carpet patch was required to be installed. The shower also had a damaged shower head and blocked drain. Photographs have been provided of the damage.
Invoices have been provided for the works including; $300.00 for the wall repair, $125.00 for the shower repair and $250.00 for the carpet cleaning and patch replacement.
The landlord says there are several other items that required repair, however, these repair costs are not being sought.
The tenant disputes that the carpet was damaged by vomit, but otherwise doesn’t dispute the amounts sought. He does again say, however, that he would have repaired these if he had been allowed to return to the property.
The following damage was caused during the tenancy: Walls, shower, and carpet. The damage is more than fair wear and tear, and in my view the tenant has not disproved liability for the damage.
The amounts ordered are proved.
Because Netway Marketing Limited as agent for William Beere has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 27 March 2025

Tenancy Tribunal case 5075710 — Cleanliness at 26 Mafeking Street, New Brighton, Christchurch 8061

At a glance

Tenancy Tribunal case 5075710 — Cleanliness at 26 Mafeking Street, New Brighton, Christchurch 8061

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

Property management

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

Property management

Frequently asked questions