What was Tenancy Tribunal case 5283730 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 5283730?

Cleaning: $402.50 awarded to landlord; Cleaning: $1,400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $345.00 awarded to landlord; Bathroom: $287.50 awarded to landlord; Curtains: $1,200.00 awarded to landlord; Door And Gate: $400.00 awarded to landlord; Rubbish Removal: $908.50 awarded to landlord

What type of tenancy dispute was case 5283730?

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

Where can I read the official tribunal order for case 5283730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12386610-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5283730 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 5283730?

Cleaning: $402.50 awarded to landlord; Cleaning: $1,400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $345.00 awarded to landlord; Bathroom: $287.50 awarded to landlord; Curtains: $1,200.00 awarded to landlord; Door And Gate: $400.00 awarded to landlord; Rubbish Removal: $908.50 awarded to landlord

What type of tenancy dispute was case 5283730?

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

Where can I read the official tribunal order for case 5283730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12386610-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5283730 — Property damage

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5283730 — net $4,970.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,400.00	invoice for curtain replacement is for $1,610.00. The tenant is ordered to pay $1,400.00.
Carpet Cleaning	$402.50	Carpet Cleaning
Rubbish removal: Skip hire	$908.50	Rubbish removal: Skip hire
Lawns and Garden work	$345.00	Lawns and Garden work
Repairs: Curtains	$1,200.00	Repairs: Curtains
Repairs: Door and gate	$400.00	r the door and replacement of the gate of $632.50. The tenant is ordered to pay $400.00 in compensation.
Repairs: Bathroom	$287.50	een removed. The damage was intentional.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,970.50
Total payable by Tenant to Landlord	$4,970.50

The landlord attended the video hearing.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls were not responded to. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos in support of its application. The photos show that the premises had been left in a particularly poor condition. The landlord provided an invoice for cleaning of $1,840.00.

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

No further cleaning was carried out between the end of this tenancy and the commencement of a new tenancy. A tenant is required to leave the premises reasonably clean and tidy. The Tribunal considers that the standard of cleanliness required for premises to be relet will be higher than that required of the tenants leaving the property. I have taken this into account. I consider that an acceptable fee to leave the premises reasonably clean and tidy would be $1,400.00. This fee included some work on the exterior of the property.

The photos showed that the carpets were stained in almost every area of carpeting. The landlord provided an invoice for carpet cleaning of $402.50. I consider that invoice to be reasonable.

Work was required on the exterior of the property including mowing the lawns, gardening and some rubbish removal. The invoice provided is for $345.00. I consider that to be reasonable in the circumstances. Rubbish skips were hired to remove rubbish at a cost of $908.50.

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.

The following damage was caused during the tenancy: Curtains and curtain rails were removed throughout the house. I consider the damage to have been intentional. The landlord provided photos. The curtains were not new at the commencement of the tenancy but were in good condition. The landlord’s invoice for curtain replacement is for $1,610.00. The tenant is ordered to pay $1,400.00. A bedroom door was damaged and a gate at the rear of the premises had been removed. The damage was intentional. The landlord provided an invoice for repairs for the door and replacement of the gate of $632.50. The tenant is ordered to pay $400.00 in compensation. The bathroom was damaged. A glass panel above the bath and a curtain had been removed. The damage was intentional. The repairs and replacement costs were $287.50. The tenant is ordered to pay that sum in compensation. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

In calculating the compensation above, 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.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been substantially successful in this hearing. Suppression of the landlord’s name and details is ordered.

Reasons

Claims and awards in Tenancy Tribunal application 5283730 — net $4,970.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,400.00	invoice for curtain replacement is for $1,610.00. The tenant is ordered to pay $1,400.00.
Carpet Cleaning	$402.50	Carpet Cleaning
Rubbish removal: Skip hire	$908.50	Rubbish removal: Skip hire
Lawns and Garden work	$345.00	Lawns and Garden work
Repairs: Curtains	$1,200.00	Repairs: Curtains
Repairs: Door and gate	$400.00	r the door and replacement of the gate of $632.50. The tenant is ordered to pay $400.00 in compensation.
Repairs: Bathroom	$287.50	een removed. The damage was intentional.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,970.50
Total payable by Tenant to Landlord	$4,970.50

The landlord attended the video hearing.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The photos showed that the carpets were stained in almost every area of carpeting. The landlord provided an invoice for carpet cleaning of $402.50. I consider that invoice to be reasonable.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

As [The applicant/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

The landlord applied for name suppression. The landlord has been substantially successful in this hearing. Suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5283730 — Property damage

At a glance

Tenancy Tribunal case 5283730 — Property damage

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