How much money was awarded in case 5154573?

Cleaning: $437.00 awarded to landlord; Cleaning: $575.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $287.50 awarded to landlord; Removal And Disposal Of Tyres: $168.87 awarded to landlord; Rent Arrears: $825.71 awarded to landlord; Ensuite Wall: $287.50 awarded to landlord; Rubbish Removal: $515.00 awarded to landlord

What type of tenancy dispute was case 5154573?

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

Where can I read the official tribunal order for case 5154573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11781006-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5154573?

Cleaning: $437.00 awarded to landlord; Cleaning: $575.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $287.50 awarded to landlord; Removal And Disposal Of Tyres: $168.87 awarded to landlord; Rent Arrears: $825.71 awarded to landlord; Ensuite Wall: $287.50 awarded to landlord; Rubbish Removal: $515.00 awarded to landlord

What type of tenancy dispute was case 5154573?

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

Where can I read the official tribunal order for case 5154573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11781006-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5154573 — Cleanliness

Q: What was Tenancy Tribunal case 5154573 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 5154573 — net $283.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 February 2025	$825.71	Rent arrears to 23 February 2025
Cleaning	$575.00	Cleaning
Carpet Cleaning: and stain removal	$437.00	Carpet Cleaning: and stain removal
Rubbish removal	$515.00	Rubbish removal
Lawns and Garden work	$287.50	Lawns and Garden work
Removal and disposal of tyres	$168.87	Removal and disposal of tyres
Repairs: ensuite wall	$287.50	Repairs: ensuite wall
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$283.58
Total payable by Tenant to Landlord	$283.58

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and address of the tenancy premises.

Freddrick Stark and Sonja Aupouri must pay [The landlord/s] $283.58 immediately, calculated as shown in table below.

The Landlord’s claim for compensation for damage caused by the laundry leak is dismissed.

Reasons

The landlord attended the hearing, but the tenant did not attend.

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

The tenancy was for a fixed term due to end on 30 April 2025. The landlord agreed to end the tenancy on 23 February 2025.

How much is owed for rent?

The landlord provided rent records 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 RTA).

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The lawns required mowing at the end of the tenancy and weeds removing.

The landlord claimed $2,789.90 for cleaning, carpet cleaning rubbish removal, lawn mowing, weed removal, toilets in the bathroom and ensuite being secured and a fan cover in the ensuite being secured. The work was carried out by a contractor under one invoice. The invoice itemised costs for rubbish removal, carpet cleaning and lawn mowing.

As the applicant is for the landlord to prove that its claim on the balance of probabilities. This means that the landlord must prove it is more likely than not that their version of events is true and the amount claimed represents their loss.

In considering the amount awarded as compensation I have considered the evidence of the landlord. The photographs provided do not support the amount claimed for work required to achieve a reasonably clean and tidy standard, as required by the RTA. The required standard is objective and does not require the premises to be spotless.

Based on the evidence presented I am satisfied that the compensation awarded for the work done is reasonable. I have not made any award for securing the toilet seats in the bathroom and ensuite or the fan cover in the ensuite as the photographs do not establish this work was needed, and the outgoing inspection report comments made by the property manager that did the inspection do not include identify any issues with these items.

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 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 following damage was caused during the tenancy: a hole was caused to a wall in the ensuite. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

The landlord claimed compensation for damage caused by a leak to the laundry on the basis that the tenants had not advised the landlord of the leak as they are required under the RTA. However the plumber’s invoice dated 20 December 2024 records that after they carried out repair work on 4 December 2024 they returned on 6 December as the tenants had advised there was further leaking. The invoice records a pressure limiting valve was replaced initially, followed by the hose to the washing machine from the super tub which was leaking and capped off.

From the evidence I am not persuaded that repairs were required as a result of the tenant not informing the landlord of the leak. Accordingly this part of the claim is dismissed. Other orders

The filing fee is reimbursed as the landlord has been mainly successful in its claim.

The landlord made at application at the hearing for suppression of its name and the address of the premises. A successful party is entitled to suppression, which is accordingly granted.

Claims and awards in Tenancy Tribunal application 5154573 — net $283.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23 February 2025	$825.71	Rent arrears to 23 February 2025
Cleaning	$575.00	Cleaning
Carpet Cleaning: and stain removal	$437.00	Carpet Cleaning: and stain removal
Rubbish removal	$515.00	Rubbish removal
Lawns and Garden work	$287.50	Lawns and Garden work
Removal and disposal of tyres	$168.87	Removal and disposal of tyres
Repairs: ensuite wall	$287.50	Repairs: ensuite wall
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$283.58
Total payable by Tenant to Landlord	$283.58

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and address of the tenancy premises.
Freddrick Stark and Sonja Aupouri must pay [The landlord/s] $283.58 immediately, calculated as shown in table below.
The Landlord’s claim for compensation for damage caused by the laundry leak is dismissed.

Reasons

The landlord attended the hearing, but the tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy was for a fixed term due to end on 30 April 2025. The landlord agreed to end the tenancy on 23 February 2025.

How much is owed for rent?

The landlord provided rent records 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 RTA).
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The lawns required mowing at the end of the tenancy and weeds removing.
The landlord claimed $2,789.90 for cleaning, carpet cleaning rubbish removal, lawn mowing, weed removal, toilets in the bathroom and ensuite being secured and a fan cover in the ensuite being secured. The work was carried out by a contractor under one invoice. The invoice itemised costs for rubbish removal, carpet cleaning and lawn mowing.
As the applicant is for the landlord to prove that its claim on the balance of probabilities. This means that the landlord must prove it is more likely than not that their version of events is true and the amount claimed represents their loss.
In considering the amount awarded as compensation I have considered the evidence of the landlord. The photographs provided do not support the amount claimed for work required to achieve a reasonably clean and tidy standard, as required by the RTA. The required standard is objective and does not require the premises to be spotless.
Based on the evidence presented I am satisfied that the compensation awarded for the work done is reasonable. I have not made any award for securing the toilet seats in the bathroom and ensuite or the fan cover in the ensuite as the photographs do not establish this work was needed, and the outgoing inspection report comments made by the property manager that did the inspection do not include identify any issues with these items.

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 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 following damage was caused during the tenancy: a hole was caused to a wall in the ensuite. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved.
The landlord claimed compensation for damage caused by a leak to the laundry on the basis that the tenants had not advised the landlord of the leak as they are required under the RTA. However the plumber’s invoice dated 20 December 2024 records that after they carried out repair work on 4 December 2024 they returned on 6 December as the tenants had advised there was further leaking. The invoice records a pressure limiting valve was replaced initially, followed by the hose to the washing machine from the super tub which was leaking and capped off.
From the evidence I am not persuaded that repairs were required as a result of the tenant not informing the landlord of the leak. Accordingly this part of the claim is dismissed. Other orders
The filing fee is reimbursed as the landlord has been mainly successful in its claim.
The landlord made at application at the hearing for suppression of its name and the address of the premises. A successful party is entitled to suppression, which is accordingly granted.

Tenancy Tribunal case 5154573 — Cleanliness

At a glance

Tenancy Tribunal case 5154573 — Cleanliness

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

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

Frequently asked questions