What was Tenancy Tribunal case 5361961 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5361961?

Cleaning: $692.75 awarded to landlord; Property Damage: $292.42 awarded to landlord

What type of tenancy dispute was case 5361961?

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

Where can I read the official tribunal order for case 5361961?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12842680-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5361961 about?

The tribunal order states: [The tenant/s] must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5361961?

Cleaning: $692.75 awarded to landlord; Property Damage: $292.42 awarded to landlord

What type of tenancy dispute was case 5361961?

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

Where can I read the official tribunal order for case 5361961?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12842680-Tenancy_Tribunal_Order.pdf.

53 Vinegar Hill Road, Tikipunga, Whangarei 0112 Tenancy Tribunal Case 5361961 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5361961 — net $985.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$692.75	Cleaning
Repairs: Wall repairs	$292.42	Repairs: Wall repairs
Net award	$985.17
Total payable by Tenant to Landlord	$985.17

Both parties attended the hearing via remote teleconference.

The landlord has applied for compensation 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 landlord claims that the tenant did not leave the premises reasonably clean and tidy. Comprehensive entry and exit inspection reports were provided by the landlord in support of the claims raised. The tenant disputes the amount charged.

The landlord’s exit inspection report noted that the carpets were dirty and stained. They also noted that it appeared that no cleaning had been done at the end of the tenancy. The photographic evidence provided confirms that the house required a full clean, including the oven. The carpet was also not left in a clean condition.

I have carefully considered the evidence provided and I am satisfied that the tenant did not leave the premises in a reasonably clean condition at the end of the tenancy. The amount claimed for a full house clean is entirely reasonable.

The claim is proven.

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: damage to walls caused by drawings on walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The damage is clearly intentional.

The landlord provided photographic evidence in support of this claim. The photographs show damage because of drawings on several walls. The amount claimed for repairs is $292.42 which I find is more than reasonable considering the damage.

I find that the claim is supported by the evidence filed with the application.

The amount ordered is proved.

The landlord does not seek reimbursement of the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5361961 — net $985.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$692.75	Cleaning
Repairs: Wall repairs	$292.42	Repairs: Wall repairs
Net award	$985.17
Total payable by Tenant to Landlord	$985.17

Both parties attended the hearing via remote teleconference.

The landlord has applied for compensation following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The claim is proven.

Is the tenant responsible for the damage to the premises?

I find that the claim is supported by the evidence filed with the application.

The amount ordered is proved.

The landlord does not seek reimbursement of the filing fee.

Tenancy Tribunal case 5361961 — Cleanliness at 53 Vinegar Hill Road, Tikipunga, Whangarei 0112

At a glance

Tenancy Tribunal case 5361961 — Cleanliness at 53 Vinegar Hill Road, Tikipunga, Whangarei 0112

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