What was Tenancy Tribunal case 5159000 about?

The tribunal order states: An application for suppression has been made and the Tribunal directs that

How much money was awarded in case 5159000?

Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,690.00 awarded to landlord; Rubbish Removal: $166.65 awarded to landlord

What type of tenancy dispute was case 5159000?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5159000?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11691225-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5159000 about?

The tribunal order states: An application for suppression has been made and the Tribunal directs that

How much money was awarded in case 5159000?

Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,690.00 awarded to landlord; Rubbish Removal: $166.65 awarded to landlord

What type of tenancy dispute was case 5159000?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5159000?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11691225-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 4, 32 Bidwill Street, Seaview, Timaru 7910 Tenancy Tribunal Case 5159000 — Rent arrears

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Unit/Flat Flat 4, 32 Bidwill Street, Seaview, Timaru 7910 Tenancy Tribunal Case 5159000 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5159000 — net $453.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30/12/24	$1,690.00	Rent arrears to 30/12/24
Cleaning	$250.00	Cleaning
Rubbish removal	$166.65	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$453.65
Total payable by Tenant to Landlord	$453.65

Claims and awards for application 5159000 — net $453.65 NZD. Verify on MoJ.

Rent arrears to 30/12/24

Amount: $1,690.00
Awarded to: Landlord
Reason: Rent arrears to 30/12/24

Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $166.65
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $453.65

Total payable by Tenant to Landlord

Landlord $453.65

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

An application for suppression has been made and the Tribunal directs that suppression orders are made in favour of the landlord.
Brianna Fleming and Christin Napier must pay [The landlord/s] $453.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,680.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing represented by Ms Mitchell.
The tenants did not attend and did not answer the calls made to their phone during the hearing. They had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
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 tenants gave one day’s notice on 2 December and possession was returned to the landlord on 3 December. A tenant was required to give 28 days’ notice pursuant to section 51(2A) of the RTA. These tenants did not. Accordingly, the landlord is entitled to rent in lieu of notice.

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) RTA.
The tenant's statutory obligation is to leave the premises reasonably clean and reasonably tidy. This is not an absolute standard, and it does not mean that the premises will necessarily be ready for occupation by a new tenant straight away. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord.
The test as to whether premises are in a reasonably clean and tidy condition is an objective test, not to be determined on the basis of the subjective opinion of either the landlord or the tenant. Also a tenant, generally, should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy. They are also not obliged to undertake cleaning that is unreasonable such as that of very high ceilings, or the outside of the home. These tasks are considered landlord maintenance.
The landlord instructed a cleaner who is a handyman because he had the required scaffolding to reach the high ceilings. This meant he had to hire scaffolding and purchase cleaning products; it also meant his hourly rate ($65 per hour) was higher than what a cleaner’s might be.
I have carefully assessed the photographs provided which depict how the property was left when the tenants vacated. I have also seen the photos from the ingoing inspection. Bearing in mind the above discussed statutory standard and how the property was left, I find that an award of $250 is more reasonable than the $952.34 claimed for ceiling and wall cleaning.
This is because I do not consider it just that the tenants be liable for the scaffold hire or clean of the ceilings given how hard it was to reach them. This is a landlord maintenance obligation. Further, the exit inspection and report do not demonstrate the home was left much below the required standard. In fact, the report only notes that a bottom drawer, above a door, walls and hand areas required cleaning.
The landlord has also claimed reimbursement of the rubbish removal costs of $166.65 that were incurred in removing the belongings left on the property by the tenants. I consider this claim reasonable and justified on the basis of the evidence. Accordingly, it is ordered as sought.

Is the tenant responsible for the damage to the premises?

The landlord also claims compensation for damage to the carpet and curtains. The amount claimed is the insurance excess for having the items replaced.
To be successful in such a claim, 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.
The landlord as applicant has the requirement to establish their case in evidence to the required standard, that is the balance of probabilities, or what is more likely than not. The originally filed application did not contain sufficient documents to prove this claim, accordingly the landlord was provided with time post hearing to file further documentation.
Whilst photos of damage to the carpets and curtains have been filed, no evidence that a claim was made to the insurance company to have them replaced has been. Accordingly, it has not been established that a claim has been made to replace the items, nor that they have been.
I also note that both the carpets and curtains are clearly dated and appear to have exceeded their expected lifespan. Their exact age is unknown by the landlord. In considering claims for compensation the Tribunal must also consider betterment and depreciation. The landlord is entitled to 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 betterment and depreciation, the Tribunal will consider the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Accordingly, as the claim has not been established in evidence, it is dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and approve their application for suppression.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5159000 — net $453.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30/12/24	$1,690.00	Rent arrears to 30/12/24
Cleaning	$250.00	Cleaning
Rubbish removal	$166.65	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$453.65
Total payable by Tenant to Landlord	$453.65

Claims and awards for application 5159000 — net $453.65 NZD. Verify on MoJ.

Rent arrears to 30/12/24

Amount: $1,690.00
Awarded to: Landlord
Reason: Rent arrears to 30/12/24

Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $166.65
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $453.65

Total payable by Tenant to Landlord

Landlord $453.65

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

An application for suppression has been made and the Tribunal directs that suppression orders are made in favour of the landlord.
Brianna Fleming and Christin Napier must pay [The landlord/s] $453.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,680.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing represented by Ms Mitchell.
The tenants did not attend and did not answer the calls made to their phone during the hearing. They had been notified of the hearing by email and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
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 tenants gave one day’s notice on 2 December and possession was returned to the landlord on 3 December. A tenant was required to give 28 days’ notice pursuant to section 51(2A) of the RTA. These tenants did not. Accordingly, the landlord is entitled to rent in lieu of notice.

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) RTA.
The tenant's statutory obligation is to leave the premises reasonably clean and reasonably tidy. This is not an absolute standard, and it does not mean that the premises will necessarily be ready for occupation by a new tenant straight away. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord.
The test as to whether premises are in a reasonably clean and tidy condition is an objective test, not to be determined on the basis of the subjective opinion of either the landlord or the tenant. Also a tenant, generally, should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy. They are also not obliged to undertake cleaning that is unreasonable such as that of very high ceilings, or the outside of the home. These tasks are considered landlord maintenance.
The landlord instructed a cleaner who is a handyman because he had the required scaffolding to reach the high ceilings. This meant he had to hire scaffolding and purchase cleaning products; it also meant his hourly rate ($65 per hour) was higher than what a cleaner’s might be.
I have carefully assessed the photographs provided which depict how the property was left when the tenants vacated. I have also seen the photos from the ingoing inspection. Bearing in mind the above discussed statutory standard and how the property was left, I find that an award of $250 is more reasonable than the $952.34 claimed for ceiling and wall cleaning.
This is because I do not consider it just that the tenants be liable for the scaffold hire or clean of the ceilings given how hard it was to reach them. This is a landlord maintenance obligation. Further, the exit inspection and report do not demonstrate the home was left much below the required standard. In fact, the report only notes that a bottom drawer, above a door, walls and hand areas required cleaning.
The landlord has also claimed reimbursement of the rubbish removal costs of $166.65 that were incurred in removing the belongings left on the property by the tenants. I consider this claim reasonable and justified on the basis of the evidence. Accordingly, it is ordered as sought.

Is the tenant responsible for the damage to the premises?

The landlord also claims compensation for damage to the carpet and curtains. The amount claimed is the insurance excess for having the items replaced.
To be successful in such a claim, 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.
The landlord as applicant has the requirement to establish their case in evidence to the required standard, that is the balance of probabilities, or what is more likely than not. The originally filed application did not contain sufficient documents to prove this claim, accordingly the landlord was provided with time post hearing to file further documentation.
Whilst photos of damage to the carpets and curtains have been filed, no evidence that a claim was made to the insurance company to have them replaced has been. Accordingly, it has not been established that a claim has been made to replace the items, nor that they have been.
I also note that both the carpets and curtains are clearly dated and appear to have exceeded their expected lifespan. Their exact age is unknown by the landlord. In considering claims for compensation the Tribunal must also consider betterment and depreciation. The landlord is entitled to 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 betterment and depreciation, the Tribunal will consider the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Accordingly, as the claim has not been established in evidence, it is dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and approve their application for suppression.

Tenancy Tribunal case 5159000 — Rent arrears at Unit/Flat Flat 4, 32 Bidwill Street, Seaview, Timaru 7910

At a glance

Tenancy Tribunal case 5159000 — Rent arrears at Unit/Flat Flat 4, 32 Bidwill Street, Seaview, Timaru 7910

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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