What was the outcome of Tenancy Tribunal case 4654196?

The tribunal order states: Paulele Totuga and Faimasaa Totuga to pay Barfoot & Thompson Limited

How much money was awarded in case 4654196?

Cleaning: $320.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Install Oven Onsite: $598.02 awarded to landlord; Plumber’S Invoice: $160.85 awarded to landlord; Rent Arrears: $40.00 awarded to landlord; Water Rates: $397.13 awarded to landlord

What type of tenancy dispute was case 4654196?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4654196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9666497-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4654196?

The tribunal order states: Paulele Totuga and Faimasaa Totuga to pay Barfoot & Thompson Limited

How much money was awarded in case 4654196?

Cleaning: $320.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Install Oven Onsite: $598.02 awarded to landlord; Plumber’S Invoice: $160.85 awarded to landlord; Rent Arrears: $40.00 awarded to landlord; Water Rates: $397.13 awarded to landlord

What type of tenancy dispute was case 4654196?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4654196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9666497-Tenancy_Tribunal_Order.pdf.

17 Anglers Way, Wattle Downs, Auckland 2102 Tenancy Tribunal Case 4654196 — Cleanliness

Claims and awards in Tenancy Tribunal application 4654196 — net $1,536.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 02/06/2023	$40.00	Rent arrears to 02/06/2023
Unpaid water rates	$397.13	Unpaid water rates
Plumber’s invoice	$160.85	Plumber’s invoice
Cockroach treatment and carpet clean	$320.00	Cockroach treatment and carpet clean
Install oven onsite	$598.02	Install oven onsite
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,536.44
Bond	$2,000.00
Total payable by Tenant to Landlord	$1,536.44

Order

Paulele Totuga and Faimasaa Totuga to pay Barfoot & Thompson Limited $1,536.44 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,000.00 (3341492-010) immediately apportioned as follows: Barfoot & Thompson Limited: $1,536.44 Paulele Totuga and Faimasaa Totuga: $463.56
The landlord’s claims for vacated house clean ($218.50) and replace window handle, door handle and toilet seat ($368.00) are dismissed.

Reasons

The agent for the landlord attended the hearing. The other party did not attend. The absence of a party does not prevent the hearing from proceeding.
The landlord has applied for rent arrears, unpaid water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
In general, the onus or burden of proving a particular claim rests with the party who is making that claim (in this case, the landlord). The standard of proof, or level of evidence, required is “on the balance of probabilities”. In other words, the party proving the claim must establish with evidence that their claim is “more probable than not” or “more likely than not” correct.

How much is owed for rent and water rates?

The tenancy ended on 2 June 2023. The landlord provided rent records and 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. (a) Vacated house clean ($218.50)
The invoice provided by the landlord referred to “Spring clean, Shower base & wall, bathroom, internal windows, doors & walls, floors, fly dots around lights, kitchen touch upclean.”
In terms of the claim for cleaning, the words ‘reasonably clean and reasonably tidy’ do not impose an absolute standard. This standard will vary according to the age and condition of the premises. There is no requirement that each and every individual item in the premises be left “reasonably” clean and tidy. This claim must be seen in the overall context of the cleanliness and tidiness of the premises at the end of the tenancy.
I do not accept the landlord’s claim for cleaning. Although clearly some matters needed addressing, they appeared to be matters that are best addressed with a “commercial clean” rather than a tenant’s effort. It is of course not unusual for a landlord to occasionally arrange a commercial clean, irrespective of the tenant’s efforts, as part of normal property maintenance. (b) Cockroach treatment and carpet clean ($320.00)
On the evidence, the landlord’s claim is proved.
The photographs produced by the landlord show that the carpet had been stained in several areas during the tenancy and required steam cleaning at the end of the tenancy.
The photographs also show that cockroaches were found at the premises during the final inspection. The agent gave oral evidence that there had been a cockroach problem previously which was identified during an inspection and was caused by food and rubbish left at the premises.

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 landlord claimed compensation in relation to the following damage which was caused during the tenancy: (a) Plumbers invoice ($160.85): The invoice referred to replacing a leaking sink mixer and “repair broken pipe on hand basin cause by tenant trying to fix pipe”. The original total cost was $437.00. The tenant accepted liability for the charge and has paid $276.15. The remaining balance to pay is $160.85. This claim is proved. (b) Installation of oven ($598.02): The agent gave evidence that the oven was new at the start of the tenancy but was damaged by the tenants during the tenancy. The tenants supplied a new oven, and the landlord seeks installation costs. This claim is proved. (c) Replace window handle, door handle and toilet seat ($368.00): The agent submitted that this damage was due to a lack of care or negligent actions of the tenants rather than fair wear and tear. The agent noted that there has been three toilet seat replacements over the period of the tenancy. I am not persuaded that the landlord has established to the standard required that the tenants are liable for the damage claimed. I have no evidence beyond the invoice as to the probable cause of the damage. There is insufficient evidence to establish that the repairs were not simply required because of fair wear and tear and/or a general maintenance issue. This claim is dismissed.
I have taken into account betterment and depreciation and do not consider they apply here.
As the landlord has substantially succeeded with the claim, I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4654196 — net $1,536.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 02/06/2023	$40.00	Rent arrears to 02/06/2023
Unpaid water rates	$397.13	Unpaid water rates
Plumber’s invoice	$160.85	Plumber’s invoice
Cockroach treatment and carpet clean	$320.00	Cockroach treatment and carpet clean
Install oven onsite	$598.02	Install oven onsite
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,536.44
Bond	$2,000.00
Total payable by Tenant to Landlord	$1,536.44

Order

Paulele Totuga and Faimasaa Totuga to pay Barfoot & Thompson Limited $1,536.44 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,000.00 (3341492-010) immediately apportioned as follows: Barfoot & Thompson Limited: $1,536.44 Paulele Totuga and Faimasaa Totuga: $463.56
The landlord’s claims for vacated house clean ($218.50) and replace window handle, door handle and toilet seat ($368.00) are dismissed.

Reasons

The agent for the landlord attended the hearing. The other party did not attend. The absence of a party does not prevent the hearing from proceeding.
The landlord has applied for rent arrears, unpaid water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
In general, the onus or burden of proving a particular claim rests with the party who is making that claim (in this case, the landlord). The standard of proof, or level of evidence, required is “on the balance of probabilities”. In other words, the party proving the claim must establish with evidence that their claim is “more probable than not” or “more likely than not” correct.

How much is owed for rent and water rates?

The tenancy ended on 2 June 2023. The landlord provided rent records and 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. (a) Vacated house clean ($218.50)
The invoice provided by the landlord referred to “Spring clean, Shower base & wall, bathroom, internal windows, doors & walls, floors, fly dots around lights, kitchen touch upclean.”
In terms of the claim for cleaning, the words ‘reasonably clean and reasonably tidy’ do not impose an absolute standard. This standard will vary according to the age and condition of the premises. There is no requirement that each and every individual item in the premises be left “reasonably” clean and tidy. This claim must be seen in the overall context of the cleanliness and tidiness of the premises at the end of the tenancy.
I do not accept the landlord’s claim for cleaning. Although clearly some matters needed addressing, they appeared to be matters that are best addressed with a “commercial clean” rather than a tenant’s effort. It is of course not unusual for a landlord to occasionally arrange a commercial clean, irrespective of the tenant’s efforts, as part of normal property maintenance. (b) Cockroach treatment and carpet clean ($320.00)
On the evidence, the landlord’s claim is proved.
The photographs produced by the landlord show that the carpet had been stained in several areas during the tenancy and required steam cleaning at the end of the tenancy.
The photographs also show that cockroaches were found at the premises during the final inspection. The agent gave oral evidence that there had been a cockroach problem previously which was identified during an inspection and was caused by food and rubbish left at the premises.

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 landlord claimed compensation in relation to the following damage which was caused during the tenancy: (a) Plumbers invoice ($160.85): The invoice referred to replacing a leaking sink mixer and “repair broken pipe on hand basin cause by tenant trying to fix pipe”. The original total cost was $437.00. The tenant accepted liability for the charge and has paid $276.15. The remaining balance to pay is $160.85. This claim is proved. (b) Installation of oven ($598.02): The agent gave evidence that the oven was new at the start of the tenancy but was damaged by the tenants during the tenancy. The tenants supplied a new oven, and the landlord seeks installation costs. This claim is proved. (c) Replace window handle, door handle and toilet seat ($368.00): The agent submitted that this damage was due to a lack of care or negligent actions of the tenants rather than fair wear and tear. The agent noted that there has been three toilet seat replacements over the period of the tenancy. I am not persuaded that the landlord has established to the standard required that the tenants are liable for the damage claimed. I have no evidence beyond the invoice as to the probable cause of the damage. There is insufficient evidence to establish that the repairs were not simply required because of fair wear and tear and/or a general maintenance issue. This claim is dismissed.
I have taken into account betterment and depreciation and do not consider they apply here.
As the landlord has substantially succeeded with the claim, I have reimbursed the filing fee.

Tenancy Tribunal case 4654196 — Cleanliness at 17 Anglers Way, Wattle Downs, Auckland 2102

At a glance

Tenancy Tribunal case 4654196 — Cleanliness at 17 Anglers Way, Wattle Downs, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and 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 rent and 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