What was the outcome of Tenancy Tribunal case 4744009?

The tribunal order states: Danielle Little and Sue Little must pay Barfoot & Thompson Limited as Agent for

How much money was awarded in case 4744009?

Cleaning: $1,173.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $477.25 awarded to landlord; Pest Control: $419.75 awarded to landlord; Rent: $28.57 awarded to landlord; Replace furnishings: curtains and bl…: $302.80 awarded to landlord; Rubbish Removal: $776.25 awarded to landlord; Water Charges: $51.26 awarded to landlord

What type of tenancy dispute was case 4744009?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4744009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10062693-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4744009?

The tribunal order states: Danielle Little and Sue Little must pay Barfoot & Thompson Limited as Agent for

How much money was awarded in case 4744009?

Cleaning: $1,173.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pest Control: $477.25 awarded to landlord; Pest Control: $419.75 awarded to landlord; Rent: $28.57 awarded to landlord; Replace furnishings: curtains and bl…: $302.80 awarded to landlord; Rubbish Removal: $776.25 awarded to landlord; Water Charges: $51.26 awarded to landlord

What type of tenancy dispute was case 4744009?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4744009?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10062693-Tribunal_Order.pdf.

3B Belgium Street, Waiuku, Waiuku 2123 Tenancy Tribunal Case 4744009 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4744009 — net $1,329.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 17 October 2023	$28.57		Rent to 17 October 2023
Water charges to 4 October 2023	$51.26		Water charges to 4 October 2023
Replace furnishings: curtains and blinds	$302.80		Replace furnishings: curtains and blinds
Rubbish removal	$776.25		Rubbish removal
Pest control: first visit	$477.25		Pest control: first visit
Pest control: second visit	$419.75		Pest control: second visit
Cleaning and carpet cleaning	$1,173.00		Cleaning and carpet cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less bond (already refunded		$1,920.00	Less bond (already refunded
Total award	$3,249.32	$1,920.00
Net award	$1,329.32
Total payable by Tenant to Landlord	$1,329.32

Both parties attended the hearing on 6 March 2024. On the day of the hearing the tenant requested to attend by telephone.

The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond of $1,920.00 has already been refunded to the landlord.

How much is owed for rent and water?

The tenancy ended on 17 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

The water invoices cover the period to 4 October 2023 and the final invoice is based on an estimated reading on that date. The tenancy started on 7 May 2021, so the estimated reading ought to have been fairly accurate. I award the water charges claimed despite the lack of a final meter reading.

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.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s exit inspection photographs dated 19 October 2023 show rubbish left in the recycle bin (the landlord said this included non-recyclable items) and numerous items of furniture. The tenant suggested that not all the furniture was hers, but the landlord’s evidence was that the orange flexi-bin on the verge was left there by the tenant and there is also furniture inside the yard that most likely belonged to the tenant.

The tenant said the carpet was not clean at the start of the tenancy. The landlord said they had to clean the carpet because of a pest infestation. Even if the carpet was not reasonably clean at the start of the tenancy, it needed cleaning at the end because of an issue that arose during the tenancy. I award the carpet cleaning costs.

The exit inspection report details various areas that were dirty, including the lounge ceiling, inside kitchen cupboards, the walls in bedrooms 1 and 3, and the laundry floor. The kitchen and laundry were most badly affected by pests. The cleaning costs claimed are perhaps at the upper end for a 3-bedroom property, but I consider they are justified in all the circumstances.

The landlord said the issue with pests was due to insufficient cleaning. It was not suggested that the property had always had this issue. It was clearly extensive and required two visits by pest control. I award the pest control costs claimed.

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.

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 4 weeks' rent. The insurance excess was $1,000.00 and the weekly rent $530.00.

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.

The curtains in the lounge were very dirty at the end of the tenancy and had to be replaced. The tenant said they left the owner’s curtains behind in a box and she had bought the curtains that were hung up. The landlord said there were some curtains in a box, but they were in a similar condition and could not be used. The kitchen blinds were also dirty and had to be replaced.

The evidence available to the Tribunal shows the curtains in a very bad condition. The landlord’s exit inspection report said they were also infested. I award the cost of replacement curtains and blinds. Filing fee

The landlord’s application has been successful. I award the filing fee.

Claims and awards in Tenancy Tribunal application 4744009 — net $1,329.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent to 17 October 2023	$28.57		Rent to 17 October 2023
Water charges to 4 October 2023	$51.26		Water charges to 4 October 2023
Replace furnishings: curtains and blinds	$302.80		Replace furnishings: curtains and blinds
Rubbish removal	$776.25		Rubbish removal
Pest control: first visit	$477.25		Pest control: first visit
Pest control: second visit	$419.75		Pest control: second visit
Cleaning and carpet cleaning	$1,173.00		Cleaning and carpet cleaning
Filing fee reimbursement	$20.44		Filing fee reimbursement
Less bond (already refunded		$1,920.00	Less bond (already refunded
Total award	$3,249.32	$1,920.00
Net award	$1,329.32
Total payable by Tenant to Landlord	$1,329.32

Order

Danielle Little and Sue Little must pay Barfoot & Thompson Limited as Agent for Mahan Singh and Priyanka Rani $1,329.32 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing on 6 March 2024. On the day of the hearing the tenant requested to attend by telephone.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond of $1,920.00 has already been refunded to the landlord.

How much is owed for rent and water?

The tenancy ended on 17 October 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.
The water invoices cover the period to 4 October 2023 and the final invoice is based on an estimated reading on that date. The tenancy started on 7 May 2021, so the estimated reading ought to have been fairly accurate. I award the water charges claimed despite the lack of a final meter reading.

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.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord’s exit inspection photographs dated 19 October 2023 show rubbish left in the recycle bin (the landlord said this included non-recyclable items) and numerous items of furniture. The tenant suggested that not all the furniture was hers, but the landlord’s evidence was that the orange flexi-bin on the verge was left there by the tenant and there is also furniture inside the yard that most likely belonged to the tenant.
The tenant said the carpet was not clean at the start of the tenancy. The landlord said they had to clean the carpet because of a pest infestation. Even if the carpet was not reasonably clean at the start of the tenancy, it needed cleaning at the end because of an issue that arose during the tenancy. I award the carpet cleaning costs.
The exit inspection report details various areas that were dirty, including the lounge ceiling, inside kitchen cupboards, the walls in bedrooms 1 and 3, and the laundry floor. The kitchen and laundry were most badly affected by pests. The cleaning costs claimed are perhaps at the upper end for a 3-bedroom property, but I consider they are justified in all the circumstances.
The landlord said the issue with pests was due to insufficient cleaning. It was not suggested that the property had always had this issue. It was clearly extensive and required two visits by pest control. I award the pest control costs claimed.

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.
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 4 weeks' rent. The insurance excess was $1,000.00 and the weekly rent $530.00.
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.
The curtains in the lounge were very dirty at the end of the tenancy and had to be replaced. The tenant said they left the owner’s curtains behind in a box and she had bought the curtains that were hung up. The landlord said there were some curtains in a box, but they were in a similar condition and could not be used. The kitchen blinds were also dirty and had to be replaced.
The evidence available to the Tribunal shows the curtains in a very bad condition. The landlord’s exit inspection report said they were also infested. I award the cost of replacement curtains and blinds. Filing fee
The landlord’s application has been successful. I award the filing fee.

Tenancy Tribunal case 4744009 — Cleanliness at 3B Belgium Street, Waiuku, Waiuku 2123

At a glance

Tenancy Tribunal case 4744009 — Cleanliness at 3B Belgium Street, Waiuku, Waiuku 2123

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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?

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