What was the outcome of Tenancy Tribunal case 4734173?

The tribunal order states: Joanna Ratai Tangitamaiti to pay Auckland Property Management Limited

How much money was awarded in case 4734173?

Cleaning: $276.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Water Rates: $188.08 awarded to landlord

What type of tenancy dispute was case 4734173?

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

Where can I read the official tribunal order for case 4734173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10156854-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4734173?

The tribunal order states: Joanna Ratai Tangitamaiti to pay Auckland Property Management Limited

How much money was awarded in case 4734173?

Cleaning: $276.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $400.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord; Water Rates: $188.08 awarded to landlord

What type of tenancy dispute was case 4734173?

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

Where can I read the official tribunal order for case 4734173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10156854-Tenancy_Tribunal_Order.pdf.

65A Hobart Crescent, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 4734173 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4734173. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$188.08	Water rates
Carpet Cleaning	$276.00	Carpet Cleaning
Repairs	$400.00	Repairs
Cleaning and rubbish removal	$200.00	Cleaning and rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement

Only the landlord attended the hearing, represented by Ms Qi. I note that the tenant has been engaging with the landlord and advised the landlord that they would not be able to attend the hearing today due to work. However as the tenant did not seek an adjournment I had no basis on which to delay the hearing and so the hearing proceeded in the tenant’s absence.

This tenancy began on 26 November 2021 and ended on 26 November 2023.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

However by the date of the hearing the bond of $2,080 had been released to the landlord. This cleared all rent arrears and the majority of water rates owing.

How much is still owed for water rates?

The landlord provided water rates invoices which prove that an outstanding balance for water rates of $188.08 was owing at the end of the tenancy. This amount is proved.

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) RTA.

From the evidence available it appears that the tenant was not in a position to fully clean and remove all rubbish when she left the tenancy.

The landlord produced still photos from a pre-inspection video showing the condition of the property at the start of the tenancy, together with photos at the end of the tenancy.

A tenant does not need to leave a property spotless and ready for a new tenant to move into. They must only leave the property reasonably clean and tidy. It is to be expected that a landlord will need to so some additional cleaning before a new tenant moves in.

Having reviewed the photos I am satisfied that the oven was not clean, some very minor additional cleaning was required, and that there was some rubbish that needed to be removed.

The landlord has produced an invoice from Southwest Cleaning Ltd in the amount of $483.00 for cleaning, rubbish removal and lawn mowing. Ms Qi said that the amount claimed is in fact $391.00 as the landlord had agreed that the tenant should not be charged for lawnmowing.

Having reviewed the balance of the invoice I consider that compensation of $200.00 is appropriate, being what I estimate to be the cost of rubbish removal, minor additional cleaning and oven cleaning. As the invoice does not provide a complete breakdown I have had to estimate this amount based on the available evidence.

Ms Qi also explained that there were various stains on the carpet and that the carpet smelled because the tenant had a dog at the property. After reviewing the various photos provided in evidence I am satisfied that the carpet required cleaning, and I note that the landlord produced email evidence from the tenant confirming that she is happy to pay for the carpet cleaning.

The landlord produced an invoice from Help Clean in the amount of $276.00 for carpet cleaning. This amount is 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.

Ms Qi explained that the tenant’s dog scratched the door sill and that there was very minor damage to some interior walls which the tenant filled but did not paint.

After reviewing the photos produced in evidence I am satisfied that the damage is proved. The damage is more than wear and tear.

The landlord produced an invoice in the amount of $650.00 for the repairs. In assessing compensation I must take 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 my view the damage to the walls was very minor but the landlord now has newly painted walls in various rooms and so is better off to some extent. I have therefore reduced the award of compensation to $400.00.

Because Auckland Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4734173. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$188.08	Water rates
Carpet Cleaning	$276.00	Carpet Cleaning
Repairs	$400.00	Repairs
Cleaning and rubbish removal	$200.00	Cleaning and rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

Joanna Ratai Tangitamaiti to pay Auckland Property Management Limited $1,084.52, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Ms Qi. I note that the tenant has been engaging with the landlord and advised the landlord that they would not be able to attend the hearing today due to work. However as the tenant did not seek an adjournment I had no basis on which to delay the hearing and so the hearing proceeded in the tenant’s absence.
This tenancy began on 26 November 2021 and ended on 26 November 2023.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
However by the date of the hearing the bond of $2,080 had been released to the landlord. This cleared all rent arrears and the majority of water rates owing.

How much is still owed for water rates?

The landlord provided water rates invoices which prove that an outstanding balance for water rates of $188.08 was owing at the end of the tenancy. This amount is proved.

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) RTA.
From the evidence available it appears that the tenant was not in a position to fully clean and remove all rubbish when she left the tenancy.
The landlord produced still photos from a pre-inspection video showing the condition of the property at the start of the tenancy, together with photos at the end of the tenancy.
A tenant does not need to leave a property spotless and ready for a new tenant to move into. They must only leave the property reasonably clean and tidy. It is to be expected that a landlord will need to so some additional cleaning before a new tenant moves in.
Having reviewed the photos I am satisfied that the oven was not clean, some very minor additional cleaning was required, and that there was some rubbish that needed to be removed.
The landlord has produced an invoice from Southwest Cleaning Ltd in the amount of $483.00 for cleaning, rubbish removal and lawn mowing. Ms Qi said that the amount claimed is in fact $391.00 as the landlord had agreed that the tenant should not be charged for lawnmowing.
Having reviewed the balance of the invoice I consider that compensation of $200.00 is appropriate, being what I estimate to be the cost of rubbish removal, minor additional cleaning and oven cleaning. As the invoice does not provide a complete breakdown I have had to estimate this amount based on the available evidence.
Ms Qi also explained that there were various stains on the carpet and that the carpet smelled because the tenant had a dog at the property. After reviewing the various photos provided in evidence I am satisfied that the carpet required cleaning, and I note that the landlord produced email evidence from the tenant confirming that she is happy to pay for the carpet cleaning.
The landlord produced an invoice from Help Clean in the amount of $276.00 for carpet cleaning. This amount is 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.
Ms Qi explained that the tenant’s dog scratched the door sill and that there was very minor damage to some interior walls which the tenant filled but did not paint.
After reviewing the photos produced in evidence I am satisfied that the damage is proved. The damage is more than wear and tear.
The landlord produced an invoice in the amount of $650.00 for the repairs. In assessing compensation I must take 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 my view the damage to the walls was very minor but the landlord now has newly painted walls in various rooms and so is better off to some extent. I have therefore reduced the award of compensation to $400.00.
Because Auckland Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4734173 — Property damage at 65A Hobart Crescent, Wattle Downs, Auckland 2103

At a glance

Tenancy Tribunal case 4734173 — Property damage at 65A Hobart Crescent, Wattle Downs, Auckland 2103

At a glance

Claims & awards

Order

Reasons

How much is still 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

Claims & awards

Order

Reasons

How much is still 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