What was Tenancy Tribunal case 5465916 about?

The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $1,354.35 immediately, calculated as

How much money was awarded in case 5465916?

Cleaning: $190.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Repaint Garage Walls: $250.00 awarded to landlord; Property Damage: $220.00 awarded to landlord; Rubbish Removal: $175.00 awarded to landlord; Water Rates: $141.35 awarded to landlord

What type of tenancy dispute was case 5465916?

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

Where can I read the official tribunal order for case 5465916?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14144020-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5465916 about?

The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $1,354.35 immediately, calculated as

How much money was awarded in case 5465916?

Cleaning: $190.00 awarded to landlord; Cleaning: $350.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Repaint Garage Walls: $250.00 awarded to landlord; Property Damage: $220.00 awarded to landlord; Rubbish Removal: $175.00 awarded to landlord; Water Rates: $141.35 awarded to landlord

What type of tenancy dispute was case 5465916?

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

Where can I read the official tribunal order for case 5465916?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14144020-Tenancy_Tribunal_Order.pdf.

91 Ridgeway Drive, Te Kamo, Whangarei 0112 Tenancy Tribunal Case 5465916 — Cleanliness

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Reasons

Claims and awards in Tenancy Tribunal application 5465916 — net $1,354.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$350.00	Cleaning
Carpet Cleaning	$190.00	Carpet Cleaning
Repairs: Carpet damages	$220.00	Repairs: Carpet damages
Rubbish removal: garage clean, door stop	$175.00	Rubbish removal: garage clean, door stop
Repaint garage walls	$250.00	Repaint garage walls
Water rates	$141.35	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,354.35
Total payable by Tenant to Landlord	$1,354.35

The landlord attended the hearing by video. The tenant was called on the phone number provided in the application form but did not answer. The hearing continued in their absence.

The application was filed more than two months after the tenancy ended. The landlord said that the tenant had given his email as an address for service in the tenancy agreement. The tenancy agreement provided in the application did not have the tenant details completed and the landlord was unable to produce a completed tenancy agreement.

In support of the landlords claim that the email address was used by the tenant during the tenancy the landlord provided, by email after the hearing, a pre tenancy application form and a completed bond lodgement form both of which showed the email that was given to the Tribunal listed as an address for service.

I find that the email could be used as an address for service and the hearing could proceed.

The landlord has received the refund of the bond and said that this was used to pay off rent arrears and part of the water rates bill. A copy of the rent arrears ledger was produced showing the amount owing for rent at the end of the tenancy.

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 reasonably clean and tidy and did not remove all rubbish. The premises were a four bedroom home with 2 bathrooms, separate dining, lounge and kitchen. The landlord sought $759.00 for end of tenancy cleaning but only provided photographs from the kitchen,1 bathroom the laundry and entry switches. The evidence provided did not support the amount claimed and the amount awarded is reduced to half what was claimed.

The landlord is not awarded the full claim for carpet cleaning. No pre-tenancy photographs were provided, and the pre-tenancy inspection checklist reported carpet stains in the 4 bedrooms at the start of the tenancy.

The landlord claimed for costs to reinstate the outside area, but no pre-tenancy photographs existed. There was consent for the tenant to keep a dog and without the pre tenancy photographs to compare it has not been established what was damaged. This claim is dismissed.

The landlord could not prove that they had to replace light bulbs and a smoke alarm. This claim is dismissed.

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 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: The walls on the garage were marked and the landlord provided evidence that the garage had been repainted just before the tenancy began in 2023.There was no evidence that the dining room wall required painting, and this is not awarded.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

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.

Because [The tenant/s] landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5465916 — net $1,354.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$350.00	Cleaning
Carpet Cleaning	$190.00	Carpet Cleaning
Repairs: Carpet damages	$220.00	Repairs: Carpet damages
Rubbish removal: garage clean, door stop	$175.00	Rubbish removal: garage clean, door stop
Repaint garage walls	$250.00	Repaint garage walls
Water rates	$141.35	Water rates
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,354.35
Total payable by Tenant to Landlord	$1,354.35

The landlord attended the hearing by video. The tenant was called on the phone number provided in the application form but did not answer. The hearing continued in their absence.

I find that the email could be used as an address for service and the hearing could proceed.

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?

The landlord could not prove that they had to replace light bulbs and a smoke alarm. This claim is dismissed.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

Because [The tenant/s] landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5465916 — Cleanliness at 91 Ridgeway Drive, Te Kamo, Whangarei 0112

At a glance

Tenancy Tribunal case 5465916 — Cleanliness at 91 Ridgeway Drive, Te Kamo, Whangarei 0112

At a glance

Award balance

Claims & awards

Dismissed claims

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

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Dismissed claims

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

Reduce avoidable tribunal risk with proper tenant checks.