What was the outcome of Tenancy Tribunal case 5102189?

The tribunal order states: Sarah Sonntag must pay Barfoot & Thompson Limited As Agent For Bob Major

How much money was awarded in case 5102189?

Cleaning: $304.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns And Weeding: $92.00 awarded to landlord; Previous Order Application 4917217 D…: $6,082.86 awarded to landlord; Rent Arrears: $2,142.86 awarded to landlord; To Wall: $414.00 awarded to landlord; Rubbish Removal: $138.00 awarded to landlord; Rubbish Removal: $77.94 awarded to landlord; Water Rates: $104.09 awarded to landlord

What type of tenancy dispute was case 5102189?

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

Where can I read the official tribunal order for case 5102189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11320090-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5102189?

The tribunal order states: Sarah Sonntag must pay Barfoot & Thompson Limited As Agent For Bob Major

How much money was awarded in case 5102189?

Cleaning: $304.75 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns And Weeding: $92.00 awarded to landlord; Previous Order Application 4917217 D…: $6,082.86 awarded to landlord; Rent Arrears: $2,142.86 awarded to landlord; To Wall: $414.00 awarded to landlord; Rubbish Removal: $138.00 awarded to landlord; Rubbish Removal: $77.94 awarded to landlord; Water Rates: $104.09 awarded to landlord

What type of tenancy dispute was case 5102189?

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

Where can I read the official tribunal order for case 5102189?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11320090-Tenancy_Tribunal_Order.pdf.

3B Inverell Place, Mount Maunganui, Mount Maunganui Tenancy Tribunal Case 5102189 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5102189 — net $9,383.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/10/24	$2,142.86	Rent arrears to 21/10/24
Previous order application 4917217 dated 26/09/2024	$6,082.86	Previous order application 4917217 dated 26/09/2024
Water rates	$104.09	Water rates
Cleaning	$304.75	Cleaning
Rubbish removal	$138.00	Rubbish removal
Rubbish removal	$77.94	Rubbish removal
Lawns and weeding	$92.00	Lawns and weeding
Repairs: to wall	$414.00	Repairs: to wall
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,383.50
Total payable by Tenant to Landlord	$9,383.50

The landlord attended the hearing.

The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.

The landlord has applied for rent arrears, water rates, compensation and reimbursement of the filing fee following the end of the tenancy. Previous order

On 26 September 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 26 September 2024, water rates, payment of the bond, and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes.

How much is owed for rent arrears and water rates?

The tenancy ended on 11 October 2024 however the tenant vacated on 21 October 2024. ‘

The landlord provided rent records and water rates invoices which prove the amount owing for rent arrears from 27 September 2024 to 21 October 2024 is $2,142.86 and $104.09 for water rates.

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)

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

The RTA does not require the premises to be returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.

Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 1 Reasonably clean does not mean commercially clean. 2 . Reasonably clean does not mean spotless to a hotel or 1 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 motel standard. 3 . Reasonably clean is not necessarily to the standard a landlord considers acceptable for a new tenant. 4

The landlord claimed $609.50 for cleaning. I have made an order for half the amount claimed as the cleaning undertaken brought it to a standard it was able to be relet.

I have made an order for the full amount claimed for the rubbish removal labour ($138.00) and dump fees ($77.94).

The landlord says the tenant did not mow the lawns and the gardens required weeding. I have made an order for the full amount claimed for the lawns and weeding of $92.00.

The landlord provided entry and exit inspection reports, additional photographs and invoices in support of the claim.

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 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 2 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009. 3 Richards v Scully TT Christchurch TT2043/98, 21 July 1998 4 Ace Property Management Ltd v Owens DC Wellington CIV -2008-1441, 17 December 2008 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: a. There was a large hole in the garage wall. The landlord said they considered the damage was careless not intentional. b. I consider this damage most like to have been caused carelessly by the tenant and award the full amount for the to repair the wall damage. The amount ordered does not exceed the statutory maximum. c. The landlord provided entry and exit inspection reports, additional photographs and invoices in support of the claim.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

I have taken into account 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. The amount ordered is for the repair only. Filing fee

Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression

The landlord confirmed that name suppression was not sought.

Claims and awards in Tenancy Tribunal application 5102189 — net $9,383.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21/10/24	$2,142.86	Rent arrears to 21/10/24
Previous order application 4917217 dated 26/09/2024	$6,082.86	Previous order application 4917217 dated 26/09/2024
Water rates	$104.09	Water rates
Cleaning	$304.75	Cleaning
Rubbish removal	$138.00	Rubbish removal
Rubbish removal	$77.94	Rubbish removal
Lawns and weeding	$92.00	Lawns and weeding
Repairs: to wall	$414.00	Repairs: to wall
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$9,383.50
Total payable by Tenant to Landlord	$9,383.50

Order

Sarah Sonntag must pay Barfoot & Thompson Limited As Agent For Bob Major & Anne Parkinson $9,383.50 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, water rates, compensation and reimbursement of the filing fee following the end of the tenancy. Previous order
On 26 September 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 26 September 2024, water rates, payment of the bond, and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes.

How much is owed for rent arrears and water rates?

The tenancy ended on 11 October 2024 however the tenant vacated on 21 October 2024. ‘
The landlord provided rent records and water rates invoices which prove the amount owing for rent arrears from 27 September 2024 to 21 October 2024 is $2,142.86 and $104.09 for water rates.

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)
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The RTA does not require the premises to be returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 1 Reasonably clean does not mean commercially clean. 2 . Reasonably clean does not mean spotless to a hotel or 1 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 motel standard. 3 . Reasonably clean is not necessarily to the standard a landlord considers acceptable for a new tenant. 4
The landlord claimed $609.50 for cleaning. I have made an order for half the amount claimed as the cleaning undertaken brought it to a standard it was able to be relet.
I have made an order for the full amount claimed for the rubbish removal labour ($138.00) and dump fees ($77.94).
The landlord says the tenant did not mow the lawns and the gardens required weeding. I have made an order for the full amount claimed for the lawns and weeding of $92.00.
The landlord provided entry and exit inspection reports, additional photographs and invoices in support of the claim.
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 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 2 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009. 3 Richards v Scully TT Christchurch TT2043/98, 21 July 1998 4 Ace Property Management Ltd v Owens DC Wellington CIV -2008-1441, 17 December 2008 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: a. There was a large hole in the garage wall. The landlord said they considered the damage was careless not intentional. b. I consider this damage most like to have been caused carelessly by the tenant and award the full amount for the to repair the wall damage. The amount ordered does not exceed the statutory maximum. c. The landlord provided entry and exit inspection reports, additional photographs and invoices in support of the claim.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
I have taken into account 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. The amount ordered is for the repair only. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression
The landlord confirmed that name suppression was not sought.

Tenancy Tribunal case 5102189 — Rent arrears at 3B Inverell Place, Mount Maunganui, Mount Maunganui

At a glance

Tenancy Tribunal case 5102189 — Rent arrears at 3B Inverell Place, Mount Maunganui, Mount Maunganui

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears 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 arrears 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