What was Tenancy Tribunal case 5078253 about?

The tribunal order states: Shantelle Tangimetua must pay [The landlord/s] $2,857.68 immediately,

How much money was awarded in case 5078253?

Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $110.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rubbish Removal: $2,500.00 awarded to landlord; Water Rates: $275.68 awarded to landlord

What type of tenancy dispute was case 5078253?

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

Where can I read the official tribunal order for case 5078253?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11596480-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5078253 about?

The tribunal order states: Shantelle Tangimetua must pay [The landlord/s] $2,857.68 immediately,

How much money was awarded in case 5078253?

Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $110.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Rubbish Removal: $2,500.00 awarded to landlord; Water Rates: $275.68 awarded to landlord

What type of tenancy dispute was case 5078253?

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

Where can I read the official tribunal order for case 5078253?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11596480-Tribunal_Order_Redacted.pdf.

34 Jack Street, Otangarei, Whangarei 0112 Tenancy Tribunal Case 5078253 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5078253 — net $3,512.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$350.00	Cleaning
Water rates	$275.68	Water rates
Rubbish removal	$2,500.00	Rubbish removal
Window repairs	$250.00	Window repairs
Lawns and Garden work	$110.00	Lawns and Garden work
Filing Fee	$27.00	Filing Fee
Net award	$3,512.68
Total payable by Tenant to Landlord	$3,512.68

The Landlord attended the hearing. The Tenant did not.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Water rates

Under section 38(3) and (4) of the Residential Tenancies Act 1986 (the RTA), a tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities, including for the supply of water if the water supplier charges for water provided to the premises on the basis of consumption.

Water is supplied to the premises by Whangarei District Council and is charged on the basis of consumption. The evidence supplied by the Landlord – invoices from Whangarei District Council and its own internal records – shows that there are unpaid water charges of $275.68 directly attributable to the premises during the tenancy. The Tenant is liable for that amount. Cleaning, rubbish removal and lawnmowing costs

The RTA requires that the Landlord provide the premises to the Tenant at the start of the tenancy in a reasonable state of cleanliness (section 45(1)(a)), and there is an equivalent obligation on the tenant to return the premises at the end of the tenancy: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.

The RTA does not require the vacated premises to be in an immaculate condition, only in a reasonably clean and tidy state. The Tribunal will also take into account factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).

The onus for establish the claim, sits with the person making it. If the Landlord is seeking to recover costs for cleaning and rubbish removal, it is the Landlord who must prove that the Tenants have breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the Landlord does not establish a breach to the balance of probability, then their claim will be dismissed.

The Landlord has provided photographs of the premises taken before the start of the tenancy. Those photographs show that the property was generally clean and tidy inside and out.

The Landlord has proven that the lawns were not left in a reasonably tidy condition at the end of the tenancy. The photographs and video provided by the Landlord show that the grass was long and had not been mown for some time. I am satisfied that the $110 cost of mowing the lawns at the end of the tenancy was reasonable to return the lawns to a reasonably tidy state.

The Landlord seeks to recover $350 for cleaning the premises. The Landlord’s photographs and video show that parts of the premises were not left reasonably clean or tidy. It seems the Tenants made no real effort to clean the premises before vacating, necessitating a cleaning effort greater than would normally be expected at the end of a tenancy. I am satisfied that the Landlord is entitled to recover this cost, which was a reasonable cost of returning the premises to the required standard.

The Landlord also incurred a cost of $3,343.79 to remove rubbish and abandoned belongings from the premises. An invoice from MDT Building Ltd states that the $3,343.79 cost was made up of: 1 x 9m skip bin $446 Excess weight fee $267.94 Collection of Flexi Bin$230 Labour for moving rubbish and abandoned items $2,392

I agree that the premises were left in an untidy state. The Landlord’s photographs and videos show three large wheelie bins full of rubbish and several items of abandoned belongings. However, the cost incurred seems higher than is reasonable. I especially query the $2,392 labour cost of moving the rubbish and abandoned items – which equated to 32 hours of labour time, or two full days for two workers. That seems to be more than was reasonable to move and remove the amount rubbish shown in the evidence provided by the Landlord. I therefore intend to reduce the amount awarded for rubbish collection to $2,500, which I consider to be a reasonable cost for the work required. The broken window

A large window on a ranch slider was broken at the end of the tenancy. The Landlord has paid $395 to secure the premises (i.e. board up the window) and then $610.20 to replace the window. The Landlord seeks to recover those costs from the Tenant.

A Landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. I am satisfied that the evidence presented by the Landlord proves this. The Landlord provided a photograph taken at the start of the tenancy, which shows that the window was intact. Photographs and a video taken at the end of the tenancy show that the window was broken.

To avoid liability for this damage, the Tenant must prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B of the RTA.

The Tenant did not attend the hearing or otherwise give evidence. However, given the nature of the damage – a broken window in the top half of a ranch slider door – I find it unlikely that the damage was due to wear and tear. Instead, I find it much more likely that the damage was due to a solid item contacting the window.

I am not satisfied that the damage was intentional. During the hearing, the Landlord advised that the window was single glazed. In my experience, single glazing can be accidentally broken relatively easily – for example by someone leaning on the window or by inadvertent or accidental contact with a solid object. In the absence of evidence proving that the damage was intentional, I find it most likely that the damage was caused carelessly.

The Landlord provided an NZI Echelon Home Insurance policy, which demonstrates that the Landlord has insurance to cover sudden and accidental window breakage. The insurance excess for each breakage is $250 – see page 6 of that policy.

As in the case, 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) of the RTA. The Landlord’s insurance excess is $250, which is less than four week’s rent. That is the amount the Landlord is entitled to recover. Suppression and filing fee

The Landlord has largely succeeded in its claim, so I order suppression of the Landlord’s name and identifying details. The Landlord is also entitled to recover the $27 filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5078253 — net $3,512.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$350.00	Cleaning
Water rates	$275.68	Water rates
Rubbish removal	$2,500.00	Rubbish removal
Window repairs	$250.00	Window repairs
Lawns and Garden work	$110.00	Lawns and Garden work
Filing Fee	$27.00	Filing Fee
Net award	$3,512.68
Total payable by Tenant to Landlord	$3,512.68

The Landlord attended the hearing. The Tenant did not.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Water rates

The Landlord has provided photographs of the premises taken before the start of the tenancy. Those photographs show that the property was generally clean and tidy inside and out.

To avoid liability for this damage, the Tenant must prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B of the RTA.

The Landlord has largely succeeded in its claim, so I order suppression of the Landlord’s name and identifying details. The Landlord is also entitled to recover the $27 filing fee.

Tenancy Tribunal case 5078253 — Cleanliness at 34 Jack Street, Otangarei, Whangarei 0112

At a glance

Tenancy Tribunal case 5078253 — Cleanliness at 34 Jack Street, Otangarei, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions