What was Tenancy Tribunal case 5163271 about?

The tribunal order states: [The tenant/s] must pay A1 Rentals Limited As Agent For A Lim $1,036.70

How much money was awarded in case 5163271?

Cleaning: $409.40 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rubbish Removal: $540.50 awarded to landlord; Tidy Up Of Section: $59.80 awarded to landlord

What type of tenancy dispute was case 5163271?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5163271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12406888-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5163271 about?

The tribunal order states: [The tenant/s] must pay A1 Rentals Limited As Agent For A Lim $1,036.70

How much money was awarded in case 5163271?

Cleaning: $409.40 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rubbish Removal: $540.50 awarded to landlord; Tidy Up Of Section: $59.80 awarded to landlord

What type of tenancy dispute was case 5163271?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5163271?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12406888-Tribunal_Order.pdf.

4171A Great North Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 5163271 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5163271 — net $1,036.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$409.40	Cleaning
Rubbish removal	$540.50	Rubbish removal
Tidy up of section	$59.80	Tidy up of section
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,036.70
Total payable by Tenant to Landlord	$1,036.70

The Landlord attended the hearing. The Tenant did not appear. .

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. This was the second hearing as the first hearing was to determine rent arrears and water rates arrears.

The onus is on the landlord to prove their claim they have before the Tribunal. This means that they must prove on the balance of probabilities that their evidence is more likely than not to be correct.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photographs were provided of the parts of the house which required cleaning, the exterior and interior rubbish and an invoice from the contractor that removed the rubbish and undertook the cleaning.

The amounts ordered are proved.

The Landlord sought carpet cleaning and had photographs of carpet that had stains on them. There was no ingoing inspection report to prove that the stains occurred during the tenancy.

The claim is dismissed.

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.

There was damage noted to the curtains in the downstairs bedroom, as well as damage to doors in the master bedroom, rumpus room, and at the front entrance. Additionally, wall damage was observed in the stairwell, a bedroom, the rumpus room, and near the front door. The lock on the rumpus room door also required replacement. Numerous photographs were provided in support of the damage to the walls, doors, and locks. However, many of the images were difficult to interpret due to a lack of clear labelling indicating their location within the property. Moreover, no ingoing inspection report was submitted to confirm the condition of the property at the commencement of the tenancy. As a result, the Tribunal was unable to determine whether the damage occurred during the tenancy or if it pre-existed, and therefore could not attribute responsibility to the Tenant.

For this reason, the claim is dismissed.

As the Landlord has been substantially successful, the Tenant shall reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5163271 — net $1,036.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$409.40	Cleaning
Rubbish removal	$540.50	Rubbish removal
Tidy up of section	$59.80	Tidy up of section
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,036.70
Total payable by Tenant to Landlord	$1,036.70

Order

[The tenant/s] must pay A1 Rentals Limited As Agent For A Lim $1,036.70 immediately.

Reasons

The Landlord attended the hearing. The Tenant did not appear. .
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. This was the second hearing as the first hearing was to determine rent arrears and water rates arrears.
The onus is on the landlord to prove their claim they have before the Tribunal. This means that they must prove on the balance of probabilities that their evidence is more likely than not to be correct.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photographs were provided of the parts of the house which required cleaning, the exterior and interior rubbish and an invoice from the contractor that removed the rubbish and undertook the cleaning.
The amounts ordered are proved.
The Landlord sought carpet cleaning and had photographs of carpet that had stains on them. There was no ingoing inspection report to prove that the stains occurred during the tenancy.
The claim is dismissed.

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.
There was damage noted to the curtains in the downstairs bedroom, as well as damage to doors in the master bedroom, rumpus room, and at the front entrance. Additionally, wall damage was observed in the stairwell, a bedroom, the rumpus room, and near the front door. The lock on the rumpus room door also required replacement. Numerous photographs were provided in support of the damage to the walls, doors, and locks. However, many of the images were difficult to interpret due to a lack of clear labelling indicating their location within the property. Moreover, no ingoing inspection report was submitted to confirm the condition of the property at the commencement of the tenancy. As a result, the Tribunal was unable to determine whether the damage occurred during the tenancy or if it pre-existed, and therefore could not attribute responsibility to the Tenant.
For this reason, the claim is dismissed.
As the Landlord has been substantially successful, the Tenant shall reimburse the filing fee.

Tenancy Tribunal case 5163271 — Cleanliness at 4171A Great North Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 5163271 — Cleanliness at 4171A Great North Road, Glen Eden, Auckland 0602

At a glance

Award balance

Claims & awards

Order

Reasons

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

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