What was Tenancy Tribunal case 5280219 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5280219?

Cleaning: $150.00 awarded to landlord; Cleaning: $1,800.00 awarded to landlord; Cleaning: $1,000.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Eviction Fee: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Vanity Basin: $298.59 awarded to landlord

What type of tenancy dispute was case 5280219?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5280219?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12307419-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5280219 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5280219?

Cleaning: $150.00 awarded to landlord; Cleaning: $1,800.00 awarded to landlord; Cleaning: $1,000.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Eviction Fee: $258.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Vanity Basin: $298.59 awarded to landlord

What type of tenancy dispute was case 5280219?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5280219?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12307419-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5280219 — Cleanliness

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New Zealand Tenancy Tribunal Case 5280219 — Cleanliness | 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 5280219 — net $3,833.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Eviction fee	$258.00	Eviction fee
Repairs: Vanity basin	$298.59	Repairs: Vanity basin
Bathroom cleaning and rubbish disposal	$150.00	Bathroom cleaning and rubbish disposal
Bedroom wall repairs, cleaning, remove rubbish	$1,800.00	Bedroom wall repairs, cleaning, remove rubbish
Kitchen cleaning, repairs to blinds, hotplate and remove rubbish	$1,000.00	Kitchen cleaning, repairs to blinds, hotplate and remove rubbish
Lounge cleaning and remove rubbish	$300.00	Lounge cleaning and remove rubbish
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,833.59
Total payable by Tenant to Landlord	$3,833.59

Claims and awards for application 5280219 — net $3,833.59 NZD. Verify on MoJ.

Eviction fee

Amount: $258.00
Awarded to: Landlord
Reason: Eviction fee

Repairs: Vanity basin

Amount: $298.59
Awarded to: Landlord
Reason: Repairs: Vanity basin

Bathroom cleaning and rubbish disposal

Amount: $150.00
Awarded to: Landlord
Reason: Bathroom cleaning and rubbish disposal

Bedroom wall repairs, cleaning, remove rubbish

Amount: $1,800.00
Awarded to: Landlord
Reason: Bedroom wall repairs, cleaning, remove rubbish

Kitchen cleaning, repairs to blinds, hotplate and remove rubbish

Amount: $1,000.00
Awarded to: Landlord
Reason: Kitchen cleaning, repairs to blinds, hotplate and remove rubbish

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Siitia Falesefulu must pay [The landlord/s] $3,833.59 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not answer the telephone calls made by the Tribunal or attend by video.
The landlord has applied for compensation and reimbursement of the filing fee following 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. 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 in a reasonably clean and tidy condition and failed to remove all rubbish. The landlord claimed $550.00 for cleaning the bathroom, which involved the removal of rubbish bins, cleaning products, a towel, and a vacuum cleaner. The landlord also noted that the laundry and bathroom sink were left unclean. In support of the claim, the landlord provided the outgoing inspection report and a contractors work order. However, the work order failed to sufficiently describe the tasks required and cost for each task. The work order divided the costs by room. As a result, the extent of the cleaning required has been assessed based on the oral evidence, outgoing inspection report and accompanying photographs.
In considering the evidence, I find the cleaning claim for the bathroom to be excessive. The bathroom shower in the outgoing inspection report was described as appearing to be “barely used”, and the tasks required—namely the removal of the items and cleaning of the tubs and shower—do not justify the full amount claimed. I consider a reasonable award to be $150.00, representing three hours of work at $50.00 per hour.
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 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.
Damage was identified during the tenancy to the bedroom walls, kitchen curtains, hotplate, vanity basin and pantry cupboard. The landlord claimed costs for the repair of these items. Based on the photographic evidence, oral evidence and the work order provided, I am satisfied that the amounts claimed for the damage to the bedroom were reasonable and appropriately substantiated.
However, I find that the claims relating to the kitchen and lounge were excessive and not fully supported by the work order or the outgoing inspection report. The work order did not itemise the costs associated with each task such as cleaning, removing rubbish, fixing curtains. This made it difficult to assess the specific expenses attributed to each area. While I accept that some repairs were necessary and that the damage went beyond fair wear and tear, the photographs do not support the full amounts claimed for cleaning and removal of items. Accordingly, I consider a partial award to be more appropriate.
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.
The landlord has claimed for an eviction fee and has provided a receipt to prove payment.
The amounts ordered are proved.
As [The applicant/s] has substantially succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

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 5280219 — net $3,833.59 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Eviction fee	$258.00	Eviction fee
Repairs: Vanity basin	$298.59	Repairs: Vanity basin
Bathroom cleaning and rubbish disposal	$150.00	Bathroom cleaning and rubbish disposal
Bedroom wall repairs, cleaning, remove rubbish	$1,800.00	Bedroom wall repairs, cleaning, remove rubbish
Kitchen cleaning, repairs to blinds, hotplate and remove rubbish	$1,000.00	Kitchen cleaning, repairs to blinds, hotplate and remove rubbish
Lounge cleaning and remove rubbish	$300.00	Lounge cleaning and remove rubbish
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,833.59
Total payable by Tenant to Landlord	$3,833.59

Claims and awards for application 5280219 — net $3,833.59 NZD. Verify on MoJ.

Eviction fee

Amount: $258.00
Awarded to: Landlord
Reason: Eviction fee

Repairs: Vanity basin

Amount: $298.59
Awarded to: Landlord
Reason: Repairs: Vanity basin

Bathroom cleaning and rubbish disposal

Amount: $150.00
Awarded to: Landlord
Reason: Bathroom cleaning and rubbish disposal

Bedroom wall repairs, cleaning, remove rubbish

Amount: $1,800.00
Awarded to: Landlord
Reason: Bedroom wall repairs, cleaning, remove rubbish

Kitchen cleaning, repairs to blinds, hotplate and remove rubbish

Amount: $1,000.00
Awarded to: Landlord
Reason: Kitchen cleaning, repairs to blinds, hotplate and remove rubbish

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Siitia Falesefulu must pay [The landlord/s] $3,833.59 immediately, calculated as shown in table below.

Reasons

The Landlord attended the hearing. The Tenant did not answer the telephone calls made by the Tribunal or attend by video.
The landlord has applied for compensation and reimbursement of the filing fee following 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. 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 in a reasonably clean and tidy condition and failed to remove all rubbish. The landlord claimed $550.00 for cleaning the bathroom, which involved the removal of rubbish bins, cleaning products, a towel, and a vacuum cleaner. The landlord also noted that the laundry and bathroom sink were left unclean. In support of the claim, the landlord provided the outgoing inspection report and a contractors work order. However, the work order failed to sufficiently describe the tasks required and cost for each task. The work order divided the costs by room. As a result, the extent of the cleaning required has been assessed based on the oral evidence, outgoing inspection report and accompanying photographs.
In considering the evidence, I find the cleaning claim for the bathroom to be excessive. The bathroom shower in the outgoing inspection report was described as appearing to be “barely used”, and the tasks required—namely the removal of the items and cleaning of the tubs and shower—do not justify the full amount claimed. I consider a reasonable award to be $150.00, representing three hours of work at $50.00 per hour.
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 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.
Damage was identified during the tenancy to the bedroom walls, kitchen curtains, hotplate, vanity basin and pantry cupboard. The landlord claimed costs for the repair of these items. Based on the photographic evidence, oral evidence and the work order provided, I am satisfied that the amounts claimed for the damage to the bedroom were reasonable and appropriately substantiated.
However, I find that the claims relating to the kitchen and lounge were excessive and not fully supported by the work order or the outgoing inspection report. The work order did not itemise the costs associated with each task such as cleaning, removing rubbish, fixing curtains. This made it difficult to assess the specific expenses attributed to each area. While I accept that some repairs were necessary and that the damage went beyond fair wear and tear, the photographs do not support the full amounts claimed for cleaning and removal of items. Accordingly, I consider a partial award to be more appropriate.
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.
The landlord has claimed for an eviction fee and has provided a receipt to prove payment.
The amounts ordered are proved.
As [The applicant/s] has substantially succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 5280219 — Cleanliness

At a glance

Tenancy Tribunal case 5280219 — Cleanliness

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

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

Frequently asked questions