What was the outcome of Tenancy Tribunal case 4816180?

The tribunal order states: Sean Mc Gregor must pay Rental Hq Limited Acting Agent For Hang Chuen

How much money was awarded in case 4816180?

Bailiff Fee On Eviction: $200.00 awarded to landlord; Cleaning: $920.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $103.50 awarded to landlord; Property Damage: $465.75 awarded to landlord; Property Damage: $325.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Remove Structure At Back Door: $57.50 awarded to landlord; Rent Arrears: $4,720.00 awarded to landlord; Property Damage: $184.00 awarded to landlord; Rubbish Removal: $40.25 awarded to landlord; Smoke Alarms: $25.30 awarded to landlord

What type of tenancy dispute was case 4816180?

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

Where can I read the official tribunal order for case 4816180?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10416806-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4816180?

The tribunal order states: Sean Mc Gregor must pay Rental Hq Limited Acting Agent For Hang Chuen

How much money was awarded in case 4816180?

Bailiff Fee On Eviction: $200.00 awarded to landlord; Cleaning: $920.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $103.50 awarded to landlord; Property Damage: $465.75 awarded to landlord; Property Damage: $325.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Remove Structure At Back Door: $57.50 awarded to landlord; Rent Arrears: $4,720.00 awarded to landlord; Property Damage: $184.00 awarded to landlord; Rubbish Removal: $40.25 awarded to landlord; Smoke Alarms: $25.30 awarded to landlord

What type of tenancy dispute was case 4816180?

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

Where can I read the official tribunal order for case 4816180?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10416806-Tenancy_Tribunal_Order.pdf.

6 Spedding Road, Whenuapai, Auckland 0618 Tenancy Tribunal Case 4816180 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 4816180 — net $7,811.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,720.00	Rent arrears
Cleaning	$920.00	Cleaning
Rubbish removal	$40.25	Rubbish removal
Lawns and Garden work	$103.50	Lawns and Garden work
Remove structure at back door	$57.50	Remove structure at back door
Replace smoke alarms	$25.30	Replace smoke alarms
Repairs: Damage to wall in the garage	$184.00	Repairs: Damage to wall in the garage
Window repairs	$325.00	Window repairs
Insurance excess on carpet replacement	$750.00	Insurance excess on carpet replacement
Lock/key replacement: including garage remote replacement	$465.75	Lock/key replacement: including garage remote replacement
Bailiff fee on eviction	$200.00	Bailiff fee on eviction
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,811.74
Total payable by Tenant to Landlord	$7,811.74

Both parties attended this video hearing on 5 June 2024.

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

How much is owed for rent?

The tenancy ended on 18 January 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $4,720.00.

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.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photos of the premises were provided in evidence by the landlord. Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy (ss 40(1)(c) and (e)(iii) RTA).

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The premises were relet after the end of this tenancy. No further cleaning was carried out. It is generally accepted that “ reasonably clean and tidy” is a lower standard than would be acceptable for premises at the start of the tenancy. I consider that $920.00 would be a reasonable cleaning charge to bring the premises to a reasonably clean and tidy standard.

The claims for rubbish removal ($40.25), lawn mowing ($103.50), removing the structure at the back door ($57.50) and replacing the smoke alarm ($25.30) are reasonable.

The tenant did not return all the keys and only returned one garage remote. The invoice for the locks and garage remote replacement is reasonable ($465.75).

The amounts ordered are 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.

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. The landlord is insured for tenant damage. The policy carries an excess of $750.00 on each and every claim.

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: • Damage to a wall in the garage. • Damage caused by stains to the carpet. I have taken 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 calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan [list items]. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The carpet in the second bedroom is at least 6 years old. The claim by the landlord has been divided into an invoice from a carpet layer and a second invoice for the supply of the carpet. I have allowed one insurance excess claim of $750.00 to be applied. • Glass panel in the door to the garage. The damage was caused during the tenancy and is more than fair wear and tear. The tenant has not disproven liability. The amounts ordered are proved.

The tenant had to be evicted following an earlier mediation hearing. A bailiff’s fee of $200.00 was incurred.

As Rental Hq Limited Acting Agent For Hang Chuen Fong & Mei Xian Tan has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4816180 — net $7,811.74 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$4,720.00	Rent arrears
Cleaning	$920.00	Cleaning
Rubbish removal	$40.25	Rubbish removal
Lawns and Garden work	$103.50	Lawns and Garden work
Remove structure at back door	$57.50	Remove structure at back door
Replace smoke alarms	$25.30	Replace smoke alarms
Repairs: Damage to wall in the garage	$184.00	Repairs: Damage to wall in the garage
Window repairs	$325.00	Window repairs
Insurance excess on carpet replacement	$750.00	Insurance excess on carpet replacement
Lock/key replacement: including garage remote replacement	$465.75	Lock/key replacement: including garage remote replacement
Bailiff fee on eviction	$200.00	Bailiff fee on eviction
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$7,811.74
Total payable by Tenant to Landlord	$7,811.74

Both parties attended this video hearing on 5 June 2024.

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

How much is owed for rent?

The tenancy ended on 18 January 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $4,720.00.

Did the tenant comply with their obligations at the end of the tenancy?

The claims for rubbish removal ($40.25), lawn mowing ($103.50), removing the structure at the back door ($57.50) and replacing the smoke alarm ($25.30) are reasonable.

The tenant did not return all the keys and only returned one garage remote. The invoice for the locks and garage remote replacement is reasonable ($465.75).

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The tenant had to be evicted following an earlier mediation hearing. A bailiff’s fee of $200.00 was incurred.

As Rental Hq Limited Acting Agent For Hang Chuen Fong & Mei Xian Tan has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 4816180 — Rent arrears at 6 Spedding Road, Whenuapai, Auckland 0618

At a glance

Tenancy Tribunal case 4816180 — Rent arrears at 6 Spedding Road, Whenuapai, Auckland 0618

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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