What was Tenancy Tribunal case 5389025 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 5389025?

Cleaning: $402.50 awarded to landlord; Cleaning: $138.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $218.50 awarded to landlord

What type of tenancy dispute was case 5389025?

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

Where can I read the official tribunal order for case 5389025?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13168758-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5389025 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 5389025?

Cleaning: $402.50 awarded to landlord; Cleaning: $138.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $218.50 awarded to landlord

What type of tenancy dispute was case 5389025?

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

Where can I read the official tribunal order for case 5389025?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13168758-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5389025 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5389025 — net $787.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and carpet cleaning	$402.50	Cleaning and carpet cleaning
Curtain cleaning	$138.00	Curtain cleaning
Repair of walls	$218.50	Repair of walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$787.00
Total payable by Tenant to Landlord	$787.00

Only the landlord, represented by [The landlord’s representative], attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time, either by video or telephone. The start of the hearing was delayed, but the tenant still did not attend. As the tenant has been notified, the hearing proceeded

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The parties attended mediation and reached agreement on some of the costs, with the balance being referred to the Tribunal for determination.

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) of the Residential Tenancies Act 1986 (the RTA).

The landlord claims cleaning (including carpet cleaning) and curtain cleaning costs. The landlord has produced evidence, including invoices, and photographs showing the condition of the premises at the start and end of the tenancy. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy. The landlord states the carpet required professional steam cleaning due to odour from a pet (believed to be a dog), noting pets were not permitted under the tenancy agreement. Many surfaces also required cleaning, and the floors were dirty.

The landlord states the curtains from bedroom 2 needed to be cleaned, noting it was stained, had dog hair, and there was a strong pet odour.

The amounts ordered are proved. General principles regarding responsibility for damage

The landlord seeks compensation for tenant damage. To be successful, 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 of the RTA.

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) of the 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) of the 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) of the 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.

When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to walls, and seeks $437.00, as shown in the invoice. Having considered the evidence, I find that not all the claimed wall damage has been established. Therefore, the landlord is awarded $218.50, which is half of the costs claimed, being satisfied that the wall damage in the lounge and bedroom 3 was caused during the tenancy. I find this damage is more than fair wear and tear, and the tenant has not disproved liability for this damage. In making this award, betterment and depreciation has been taken into account. Filing fee and name suppression

The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.

The landlord’s request for name suppression is granted on the same basis.

Claims and awards in Tenancy Tribunal application 5389025 — net $787.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning and carpet cleaning	$402.50	Cleaning and carpet cleaning
Curtain cleaning	$138.00	Curtain cleaning
Repair of walls	$218.50	Repair of walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$787.00
Total payable by Tenant to Landlord	$787.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Courtney Sandra Hawkins-Jones must pay [The landlord/s] $787.00 immediately, calculated as shown in the table below.

Reasons

Only the landlord, represented by [The landlord’s representative], attended the hearing, which was conducted by videoconference. The tenant did not join the video meeting at the scheduled time, either by video or telephone. The start of the hearing was delayed, but the tenant still did not attend. As the tenant has been notified, the hearing proceeded
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The parties attended mediation and reached agreement on some of the costs, with the balance being referred to the Tribunal for determination.

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) of the Residential Tenancies Act 1986 (the RTA).
The landlord claims cleaning (including carpet cleaning) and curtain cleaning costs. The landlord has produced evidence, including invoices, and photographs showing the condition of the premises at the start and end of the tenancy. This evidence establishes that the tenant did not leave the premises reasonably clean and tidy. The landlord states the carpet required professional steam cleaning due to odour from a pet (believed to be a dog), noting pets were not permitted under the tenancy agreement. Many surfaces also required cleaning, and the floors were dirty.
The landlord states the curtains from bedroom 2 needed to be cleaned, noting it was stained, had dog hair, and there was a strong pet odour.
The amounts ordered are proved. General principles regarding responsibility for damage
The landlord seeks compensation for tenant damage. To be successful, 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 of the RTA.
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) of the 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) of the 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) of the 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.
When determining the quantum of compensation, betterment and depreciation must be taken into account. Applying the principle of betterment, 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, the age and condition of the items at the start of the tenancy and their likely useful lifespan must be considered.

Is the tenant responsible for the damage to the premises?

The landlord claims compensation for damage to walls, and seeks $437.00, as shown in the invoice. Having considered the evidence, I find that not all the claimed wall damage has been established. Therefore, the landlord is awarded $218.50, which is half of the costs claimed, being satisfied that the wall damage in the lounge and bedroom 3 was caused during the tenancy. I find this damage is more than fair wear and tear, and the tenant has not disproved liability for this damage. In making this award, betterment and depreciation has been taken into account. Filing fee and name suppression
The tenant is to pay the landlord’s filing fee, since the landlord has been successful with the application.
The landlord’s request for name suppression is granted on the same basis.

Tenancy Tribunal case 5389025 — Cleanliness

At a glance

Award balance

Tenancy Tribunal case 5389025 — 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

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