What was Tenancy Tribunal case 5440368 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay

How much money was awarded in case 5440368?

Cleaning: $190.00 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Gardens: $225.00 awarded to landlord; Paint: $303.03 awarded to landlord

What type of tenancy dispute was case 5440368?

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

Where can I read the official tribunal order for case 5440368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13813240-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5440368 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay

How much money was awarded in case 5440368?

Cleaning: $190.00 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Gardens: $225.00 awarded to landlord; Paint: $303.03 awarded to landlord

What type of tenancy dispute was case 5440368?

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

Where can I read the official tribunal order for case 5440368?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13813240-Tenancy_Tribunal_Order.pdf.

16 Hewlings Street, Shirley, Christchurch 8013 Tenancy Tribunal Case 5440368 — Cleanliness

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5440368 — net $1,346.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$600.00	Cleaning
Carpet Cleaning	$190.00	Carpet Cleaning
Gardens	$225.00	Gardens
Repairs: Paint	$303.03	Repairs: Paint
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,346.03
Bond	$2,300.00
Total payable by Tenant to Landlord	$1,346.03

[The tenant/s] and [The tenant/s] to pay Braziers Limited As Agent For Zabel Nz Ltd $1,346.03 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,300.00 (5661338-006) immediately apportioned as follows: Braziers Limited As Agent For Zabel Nz Ltd: $1,346.03 [The tenant/s] and [The tenant/s]: $953.97

Reasons

The landlord attended the remote hearing.

The tenants did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has being given. I am satisfied that notice of the hearing was given.

The landlord has applied for compensation, refund of the bond, 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy.

Further cleaning of the premises was required to bring the premises to a reasonably clean and tidy standard. The landlord provided photos of the premises both at the commencement of the tenancy and at the end of the tenancy. The photos disclose that further cleaning was required. The landlord provided an invoice for cleaning for $917.13. The parties had discussed a reduction in this charge to $605.31. Having reviewed the photos, I consider that a reasonable charge to bring the premises to a reasonably clean and tidy standard would be $600.00.

The landlord seeks compensation for carpet cleaning. The landlord provided photos of the carpet which showed that further cleaning was required to bring it to a reasonably clean and tidy standard. The landlord provided a copy of an invoice for carpet cleaning for $190.00.

The landlord seeks compensation for gardening and lawn mowing. I have reviewed the photos provided by the landlord. I consider that the lawns have been left in a reasonably tidy state. The same cannot be said for the gardens where further work would have been required to bring them to a reasonably tidy standard. I consider that a reasonable charge for gardening would be $225.00.

The amounts ordered are 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 5440368 3 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: A windowsill and wall have been damaged. Photos show what appears to be pink nail polish. Te landlord provided a copy of an invoice for painting repairs of $303.03. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amount ordered is proven.

As Braziers Limited As Agent For Zabel Nz Ltd has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5440368 — net $1,346.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$600.00	Cleaning
Carpet Cleaning	$190.00	Carpet Cleaning
Gardens	$225.00	Gardens
Repairs: Paint	$303.03	Repairs: Paint
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,346.03
Bond	$2,300.00
Total payable by Tenant to Landlord	$1,346.03

[The tenant/s] and [The tenant/s] to pay Braziers Limited As Agent For Zabel Nz Ltd $1,346.03 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,300.00 (5661338-006) immediately apportioned as follows: Braziers Limited As Agent For Zabel Nz Ltd: $1,346.03 [The tenant/s] and [The tenant/s]: $953.97

Reasons

The landlord attended the remote hearing.

The landlord has applied for compensation, refund of the bond, 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy.

The amounts ordered are proven.

Is the tenant responsible for the damage to the premises?

The amount ordered is proven.

As Braziers Limited As Agent For Zabel Nz Ltd has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.

Tenancy Tribunal case 5440368 — Cleanliness at 16 Hewlings Street, Shirley, Christchurch 8013

At a glance

Tenancy Tribunal case 5440368 — Cleanliness at 16 Hewlings Street, Shirley, Christchurch 8013

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