What was the outcome of Tenancy Tribunal case 4750970?

The tribunal order states: Edward Samuel Mander to pay Lifestyle Property Management Wairarapa

How much money was awarded in case 4750970?

The reconciled net award was $282.14.

What type of tenancy dispute was case 4750970?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness, Property damage.

Where can I read the official tribunal order for case 4750970?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10089983-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4750970?

The tribunal order states: Edward Samuel Mander to pay Lifestyle Property Management Wairarapa

How much money was awarded in case 4750970?

The reconciled net award was $282.14.

What type of tenancy dispute was case 4750970?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness, Property damage.

Where can I read the official tribunal order for case 4750970?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10089983-Tenancy_Tribunal_Order.pdf.

37 Bethune Street, Featherston, Featherston 5710 Tenancy Tribunal Case 4750970 — Rent arrears

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37 Bethune Street, Featherston, Featherston 5710 Tenancy Tribunal Case 4750970 — Rent arrears | TenantCheck

Order

Edward Samuel Mander to pay Lifestyle Property Management Wairarapa Limited $282.14 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,200.00 (3117276-006) to Lifestyle Property Management Wairarapa Limited immediately. ItemAmount Cleaning$419.75 Carpet cleaning$355.00 Smoke alarms$50.00 Light bulbs$37.95 Oven racks$115.00 Carpet deodorisation$184.00 Painting (excess)$650.00 Rent arrears (excess)$650.00 Filing fee$20.44 Total$2,482.14 Minus Bond -$2,200.00 Total payable by tenant to landlord$282.14

Reasons

The Tribunal must consider an application filed by the landlord for various amounts at the end of the tenancy.
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy commenced on 13 October 22, and ended on 30 October 2023 by notice from the tenant. The sole tenant is Edward Mander.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears. The rent ledger shows the arrears to be $3,592.86. However the landlord’s insurer has paid most of those arrears, so the landlord only seeks an order for the excess being $650.00.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect. The landlord has established that the tenant is in arrears to the amount claimed, and that is ordered in full.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
In this case the photographs support that the premises were not returned reasonably clean at the end of the tenancy. The landlord cleaning claim is commensurate with the cleaning work that would have been necessary to get the premises to a reasonably clean and tidy state.
The landlord has also claimed for carpet cleaning and deodorisation costs. The landlord explained that the tenant had two pets (a cat and dog) in the tenancy. The carpets had pet hair on them, and some soiling, hence carpet cleaning was necessary. I accept that is the case, those claims are ordered.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
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 the High Court decision of Guo v Korck [2019] NZHC 1541.
The landlord has claimed for repainting costs, or more particularly the insurance excess for the repainting. The photographs show marking on walls that was such an extent that repainting was appropriate. I accept this would not be fair wear and tear. The tenant has not established that the marks were not careless or intentional damage. This claim has been established.

MISSING CHATTELS

The landlord has claimed compensation for missing chattels. Section 40 of the RTA sets out the tenants responsibilities, and that includes that at the end of the tenancy the tenant must “leave in or at the premises all other chattels provided by the landlord for use of the tenant”.
The landlord claims replacement costs for the following items not returned at the end of the tenancy: a. Smoke alarms b. Light bulbs c. Oven racks
I accept those items were not returned to the landlord, so the tenant must pay the replacement value for those items.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Order

Edward Samuel Mander to pay Lifestyle Property Management Wairarapa Limited $282.14 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,200.00 (3117276-006) to Lifestyle Property Management Wairarapa Limited immediately. ItemAmount Cleaning$419.75 Carpet cleaning$355.00 Smoke alarms$50.00 Light bulbs$37.95 Oven racks$115.00 Carpet deodorisation$184.00 Painting (excess)$650.00 Rent arrears (excess)$650.00 Filing fee$20.44 Total$2,482.14 Minus Bond -$2,200.00 Total payable by tenant to landlord$282.14

Reasons

The Tribunal must consider an application filed by the landlord for various amounts at the end of the tenancy.
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy commenced on 13 October 22, and ended on 30 October 2023 by notice from the tenant. The sole tenant is Edward Mander.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears. The rent ledger shows the arrears to be $3,592.86. However the landlord’s insurer has paid most of those arrears, so the landlord only seeks an order for the excess being $650.00.
The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect. The landlord has established that the tenant is in arrears to the amount claimed, and that is ordered in full.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
In this case the photographs support that the premises were not returned reasonably clean at the end of the tenancy. The landlord cleaning claim is commensurate with the cleaning work that would have been necessary to get the premises to a reasonably clean and tidy state.
The landlord has also claimed for carpet cleaning and deodorisation costs. The landlord explained that the tenant had two pets (a cat and dog) in the tenancy. The carpets had pet hair on them, and some soiling, hence carpet cleaning was necessary. I accept that is the case, those claims are ordered.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
Where a landlord claims compensation for damage caused by a tenant, the landlord must firstly prove the damage 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, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent.
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.
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 the High Court decision of Guo v Korck [2019] NZHC 1541.
The landlord has claimed for repainting costs, or more particularly the insurance excess for the repainting. The photographs show marking on walls that was such an extent that repainting was appropriate. I accept this would not be fair wear and tear. The tenant has not established that the marks were not careless or intentional damage. This claim has been established.

MISSING CHATTELS

The landlord has claimed compensation for missing chattels. Section 40 of the RTA sets out the tenants responsibilities, and that includes that at the end of the tenancy the tenant must “leave in or at the premises all other chattels provided by the landlord for use of the tenant”.
The landlord claims replacement costs for the following items not returned at the end of the tenancy: a. Smoke alarms b. Light bulbs c. Oven racks
I accept those items were not returned to the landlord, so the tenant must pay the replacement value for those items.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 4750970 — Rent arrears at 37 Bethune Street, Featherston, Featherston 5710

At a glance

Tenancy Tribunal case 4750970 — Rent arrears at 37 Bethune Street, Featherston, Featherston 5710

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

MISSING CHATTELS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

MISSING CHATTELS

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions