Published tribunal order
Tenancy Tribunal case 5230575 — Cleanliness
Decided 30 May 2025 · Published 30 May 2025 · Application 5230575
- Cleanliness
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the [Landlord] name and identifying details.
- The Bond Centre is to pay the bond of $1,600.00 ([Bond number suppressed]) to [The applicant/s]immediately.
- Emma Rawharangi Wright is to pay [Landlord] $2,197.38 immediately, calculated as follows: DescriptionLandlord Rent arrears to 11 November 2024 $228.57 Methamphetamine test sampling $250.00 Methamphetamine lab testing $116.78 Methamphetamine decontamination/cleaning $2,500.00 Reglazing costs $675.03 Application filing fee $27.00 Total award$3,797.38 Bond$1,600.00 Tenant to pay$2,197.38
Reasons
- The Landlord attended the hearing.
- 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 tenancy ended on 11 November 2024. The Landlord provided rent records which prove the amount owing at the end of the tenancy: $228.57
- During the tenancy the Tenant claimed there was an issue with the hot water cylinder. A plumber attended, at a cost of $113.85 to the Landlord, checked over cylinder, and states in the comments section of their invoice: “Could not find any leaks in the cupboard. The tenant says that the Tpr/cold water expansion outlet is letting a lot of water out. When we were onsite it was barely dripping. Tested the valves by opening and closing them and they appear to work as they should. If anything changes, I recommend replacing the TPR and cold water expansion valve.”
- The Landlord seeks reimbursement of their costs for this callout, but there is no evidence to suggest the Tenant’s concerns were not genuine. It is the Tenant’s obligation to let the Landlord know of maintenance issues that arise during the tenancy. There is no evidence of further complaints being received by the Tenant in respect to this issue or any other. There is no evidence of the Landlord incurring expense unnecessarily due to the Tenant’s notifications.
- I decline this claim.
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.
- A pre-tenancy meth text (7 July 2022) confirmed no methamphetamine was present at the commencement of the tenancy. Further testing was completed on 18 November 2024. The samples taken tested above the NZS 8510:2017 recommended contamination level of 1.5?g/100cm². The contamination level does not exceed $15?g/100cm, but the premises must be returned to a reasonably clean state, and I consider the Landlord's decontamination efforts have achieved a reasonable level of cleanliness. I award the following amounts: a. Sampling: $250.00 (not the $1,750.00 claimed for 7 samples). b. Lab testing: $116.78 c. Decontamination (cleaning): $2,500.00 - although the process has not been described and explained in the manner I would like. I accept this amount as being reasonable having regard to the cleaning I would expect to be required.
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.
- Three windows were broken at the end of the tenancy. These broken windows were replaced with 4mm clear float toughened safety glass. They were not broken prior to the tenancy the Landlord says. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I approve the reglazing costs totalling $675.03.
- 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. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
- Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and grant their request for name suppression.