What was the outcome of Tenancy Tribunal case 4650191?

The tribunal order states: Caszandra Burkitt must pay Home In Place (New Zealand) Limited $548.85

How much money was awarded in case 4650191?

Cleaning: $250.00 awarded to landlord; Cleaning: $128.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $666.41 awarded to landlord

What type of tenancy dispute was case 4650191?

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

Where can I read the official tribunal order for case 4650191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10429043-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4650191?

The tribunal order states: Caszandra Burkitt must pay Home In Place (New Zealand) Limited $548.85

How much money was awarded in case 4650191?

Cleaning: $250.00 awarded to landlord; Cleaning: $128.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $666.41 awarded to landlord

What type of tenancy dispute was case 4650191?

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

Where can I read the official tribunal order for case 4650191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10429043-Tenancy_Tribunal_Order.pdf.

Unit/Flat 106, 325 Victoria Avenue, Whanganui, Whanganui Tenancy Tribunal Case 4650191 — Property damage

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Order

Claims and awards in Tenancy Tribunal application 4650191 — net $548.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$250.00	Cleaning
Cleaning: dry-clean curtains	$128.00	Cleaning: dry-clean curtains
Repairs	$666.41	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$548.85
Total payable by Tenant to Landlord	$548.85

Caszandra Burkitt must pay Home In Place (New Zealand) Limited $548.85 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $516.00 (6418580-007) to Home In Place (New Zealand) Limited immediately. DescriptionLandlord Cleaning$250.00 Cleaning: dry-clean curtains$128.00 Repairs$666.41 Filing fee reimbursement$20.44 Total award$1,064.85 Bond$516.00 Total payable by Tenant to Landlord$548.85

Reasons

The landlord attended the hearing by telephone.

The tenant did not attend the hearing. The tenant received notice of the landlord’s claim and of the hearing by email to the email address for service in the tenancy agreement and by posting to the address provided by the tenant to the landlord within two months before the application. I am satisfied that the tenant has been served under section 91A(2)(b) RTA.

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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986

The landlord provided photographic evidence and accepted that the tenant had cleaned the property but that some areas were not cleaned to the standard that the landlord requires for a new tenant to take occupation.

There is no definition of “reasonably clean and tidy" in the RTA. This can make it difficult when people have different understandings of what it means. Tribunal and District Court decisions over the years have said that it means: a. To the standard an average reasonable bystander would consider reasonable. b. Not commercially clean, spotless, or to hotel standard. c. A tenant should not be expected to keep the premises any cleaner and tidier than they were at the start of the tenancy. d. Not necessarily to the standard where the landlord would be happy to rent it out to a new tenant. e. There is no requirement that each and every individual item in the premises be left “reasonably” clean and tidy, only an overall obligation in relation to the tenancy premises.

A landlord may often decide to clean premises to a higher standard than that required from the outgoing tenant before re-tenanting or selling (for example, rigorously cleaning all walls, ceilings, lightshades, skirtings, window and door sills, plugs and drains, silicone edging, behind fittings and appliances, and the outside of windows and of the house.

However, a landlord is only required to provide tenancy premises in a “reasonable state of cleanliness” so the next tenant cannot insist that premises are presented to a higher standard. If a landlord chooses to do so, perhaps to attract tenants, then that is a business decision that they are entitled to make at their cost.

The landlord’s evidence indicates that there was some vacuuming required, and some cupboards and surfaces that required wiping down. It is appropriate to award a sum to compensate the landlord for this level of cleaning based on invoices the Tribunal sees on a regular basis in this area.

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: a. The gate latch was broken. This was careless damage. b. There were marks on the bedroom walls from fittings attached by the tenant. This was intentional damage. c. A window-sill required repair from where the tenant had hammered in a nail. This was intentional damage. d. The metal transition strip between carpet and vinyl had been damaged. This was careless damage.

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 Home In Place (New Zealand) Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4650191 — net $548.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$250.00	Cleaning
Cleaning: dry-clean curtains	$128.00	Cleaning: dry-clean curtains
Repairs	$666.41	Repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$548.85
Total payable by Tenant to Landlord	$548.85

Caszandra Burkitt must pay Home In Place (New Zealand) Limited $548.85 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing by telephone.

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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986

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 Home In Place (New Zealand) Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4650191 — Property damage at Unit/Flat 106, 325 Victoria Avenue, Whanganui, Whanganui

At a glance

Tenancy Tribunal case 4650191 — Property damage at Unit/Flat 106, 325 Victoria Avenue, Whanganui, Whanganui

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