What was the outcome of Tenancy Tribunal case 4641310?

The tribunal order states: Chantelle Brandt-Opetaia must pay Mazany Holdings Limited $3,608.79

How much money was awarded in case 4641310?

Cleaning: $253.00 awarded to landlord; Cleaning: $1,440.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $329.30 awarded to landlord; (replace curtains throughout the hou…: $220.00 awarded to landlord; Rubbish Removal: $60.00 awarded to landlord; Water Rates: $286.05 awarded to landlord

What type of tenancy dispute was case 4641310?

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

Where can I read the official tribunal order for case 4641310?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9851048-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4641310?

The tribunal order states: Chantelle Brandt-Opetaia must pay Mazany Holdings Limited $3,608.79

How much money was awarded in case 4641310?

Cleaning: $253.00 awarded to landlord; Cleaning: $1,440.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $800.00 awarded to landlord; Property Damage: $329.30 awarded to landlord; (replace curtains throughout the hou…: $220.00 awarded to landlord; Rubbish Removal: $60.00 awarded to landlord; Water Rates: $286.05 awarded to landlord

What type of tenancy dispute was case 4641310?

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

Where can I read the official tribunal order for case 4641310?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9851048-Tenancy_Tribunal_Order.pdf.

52 Birkdale Road, Birkdale, Auckland 0626 Tenancy Tribunal Case 4641310 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4641310 — net $3,608.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$253.00	Carpet Cleaning
Repairs: (Carpet Replacement Main Bedroom	$329.30	Repairs: (Carpet Replacement Main Bedroom
Repairs: (Carpet repairs x2	$800.00	Repairs: (Carpet repairs x2
Repairs: (replace curtains throughout the house	$220.00	Repairs: (replace curtains throughout the house
Cleaning: (Extensive cleaning internal and external	$1,440.00	Cleaning: (Extensive cleaning internal and external
Window repairs	$200.00	Window repairs
Rubbish removal	$60.00	Rubbish removal
Water rates: (to 07/08/2023	$286.05	3. The landlord has applied for water rate arrears, compensation, orders to dispose of abandoned goods and reimbursement of the filing fee following the end of…
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,608.79
Total payable by Tenant to Landlord	$3,608.79

Chantelle Brandt-Opetaia must pay Mazany Holdings Limited $3,608.79 immediately, calculated as shown in table below.

Mazany Holdings Limited must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.

The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.

The amount owing to the applicant out of the proceeds of any sale is $3,608.79.

Mazany Holdings Limited has estimated the market value of the goods to be disposed of at a maximum of $2,042.30. Should Mazany Holding Limited sell the goods for more than it has estimated, it must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing. The tenant did not.

I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

The landlord has applied for water rate arrears, compensation, orders to dispose of abandoned goods and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 7 August 2023. The landlord provided water rates invoices which prove the amount owing at 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 landlord provided evidence that the tenant had pets that had defecated inside the premises, which had not been cleaned and and had left the premises in such a bad state that all the carpets had to be commercially washed, some replaced and some repaired. The evidence provided also shows the tenant abandoned all of her belongings and left the house and yard full of rubbish that had to be disposed of by the landlord. In addition, he landlord provided evidence that proved all walls and ceilings were so filthy that they had to be washed down.

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: a. The carpet in the main bedroom was so full of animal faeces that it had to be replaced; b. The carpet in 2 room required extensive repair; c. The curtains throughout the house were damaged and all needed to be replaced; and d. A window was broken and needed reglazing.

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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Disposal of abandoned goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.

The landlord has tried to get the tenant to remove her goods which consist of: a. 30 large boxes of bedding, shoes, clothing and other personal items of no value; b. A fridge that has been valued at $400.00; c. A washing machine that has been valued at $300.00; d. A lounge table valued at $150.00; e. A bed valued at $150.00; and f. A jug and toaster valued at $50.00.

The landlord has been unable to get the tenant to agree to a date that she will collect the goods. She has agreed to it disposing of the goods for whatever it can get for them and using the proceeds of sale to offset any debt the tenant owes to the landlord.

It is not practicable for the landlord to the return the goods to the tenant as it does not know where she currently resides. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.

The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).

The landlord may dispose of any goods that have no saleable value. Reimbursement of filing fee

Because Mazany Holdings Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4641310 — net $3,608.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$253.00	Carpet Cleaning
Repairs: (Carpet Replacement Main Bedroom	$329.30	Repairs: (Carpet Replacement Main Bedroom
Repairs: (Carpet repairs x2	$800.00	Repairs: (Carpet repairs x2
Repairs: (replace curtains throughout the house	$220.00	Repairs: (replace curtains throughout the house
Cleaning: (Extensive cleaning internal and external	$1,440.00	Cleaning: (Extensive cleaning internal and external
Window repairs	$200.00	Window repairs
Rubbish removal	$60.00	Rubbish removal
Water rates: (to 07/08/2023	$286.05	3. The landlord has applied for water rate arrears, compensation, orders to dispose of abandoned goods and reimbursement of the filing fee following the end of…
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,608.79
Total payable by Tenant to Landlord	$3,608.79

Order

Chantelle Brandt-Opetaia must pay Mazany Holdings Limited $3,608.79 immediately, calculated as shown in table below.
Mazany Holdings Limited must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
The amount owing to the applicant out of the proceeds of any sale is $3,608.79.
Mazany Holdings Limited has estimated the market value of the goods to be disposed of at a maximum of $2,042.30. Should Mazany Holding Limited sell the goods for more than it has estimated, it must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.

Reasons

The landlord attended the hearing. The tenant did not.
I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
The landlord has applied for water rate arrears, compensation, orders to dispose of abandoned goods and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 7 August 2023. The landlord provided water rates invoices which prove the amount owing at 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 landlord provided evidence that the tenant had pets that had defecated inside the premises, which had not been cleaned and and had left the premises in such a bad state that all the carpets had to be commercially washed, some replaced and some repaired. The evidence provided also shows the tenant abandoned all of her belongings and left the house and yard full of rubbish that had to be disposed of by the landlord. In addition, he landlord provided evidence that proved all walls and ceilings were so filthy that they had to be washed down.
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: a. The carpet in the main bedroom was so full of animal faeces that it had to be replaced; b. The carpet in 2 room required extensive repair; c. The curtains throughout the house were damaged and all needed to be replaced; and d. A window was broken and needed reglazing.
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 considered 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 considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. Disposal of abandoned goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
The landlord has tried to get the tenant to remove her goods which consist of: a. 30 large boxes of bedding, shoes, clothing and other personal items of no value; b. A fridge that has been valued at $400.00; c. A washing machine that has been valued at $300.00; d. A lounge table valued at $150.00; e. A bed valued at $150.00; and f. A jug and toaster valued at $50.00.
The landlord has been unable to get the tenant to agree to a date that she will collect the goods. She has agreed to it disposing of the goods for whatever it can get for them and using the proceeds of sale to offset any debt the tenant owes to the landlord.
It is not practicable for the landlord to the return the goods to the tenant as it does not know where she currently resides. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
The landlord may dispose of any goods that have no saleable value. Reimbursement of filing fee
Because Mazany Holdings Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4641310 — Cleanliness at 52 Birkdale Road, Birkdale, Auckland 0626

At a glance

Tenancy Tribunal case 4641310 — Cleanliness at 52 Birkdale Road, Birkdale, Auckland 0626

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

How much is owed for water rates?

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