What was the outcome of Tenancy Tribunal case 4819539?

The tribunal order states: Rolf Van der Mee must pay Online Rentals Limited As Agent For F Chen

How much money was awarded in case 4819539?

Cleaning: $1,267.01 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,173.00 awarded to landlord; Property Damage: $670.45 awarded to landlord; Pest Control: $402.50 awarded to landlord; wardrobe door and desk in outdoor ro…: $542.23 awarded to landlord

What type of tenancy dispute was case 4819539?

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

Where can I read the official tribunal order for case 4819539?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10260663-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4819539?

The tribunal order states: Rolf Van der Mee must pay Online Rentals Limited As Agent For F Chen

How much money was awarded in case 4819539?

Cleaning: $1,267.01 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,173.00 awarded to landlord; Property Damage: $670.45 awarded to landlord; Pest Control: $402.50 awarded to landlord; wardrobe door and desk in outdoor ro…: $542.23 awarded to landlord

What type of tenancy dispute was case 4819539?

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

Where can I read the official tribunal order for case 4819539?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10260663-Tenancy_Tribunal_Order.pdf.

27 Lake Crescent, Hamilton Lake, Hamilton 3204 Tenancy Tribunal Case 4819539 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4819539 — net $4,075.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement: including garage remotes	$670.45	Lock/key replacement: including garage remotes
Cleaning: including carpet cleaning and removal of rubbish/belongings	$1,267.01	Cleaning: including carpet cleaning and removal of rubbish/belongings
Pest control	$402.50	Pest control
Lawns and Garden work: includes removal of green waste, rubbish and belongings left outside and dump fee	$1,173.00	Lawns and Garden work: includes removal of green waste, rubbish and belongings left outside and dump fee
Repairs: wardrobe door and desk in outdoor room	$542.23	Repairs: wardrobe door and desk in outdoor room
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,075.63
Total payable by Tenant to Landlord	$4,075.63

Mr Prior and Ms McCann attended the hearing for the landlord. The tenant did not attend.

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

The premises is a four bedroom house with two bathrooms/toilets, and with a separate two room sleep out. The house is on around a 900m2 section.

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.

Keys and garage remote: The tenant did not return the keys.

Pest Control: There was a rats nest in the kitchen which needed to be removed. Evidence of rat droppings in the kitchen was seen in the photographs taken at the end of the tenancy.

Cleaning: The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord initially claimed $1,978.00 for cleaning, carpets and an external wash. The landlord withdrew its claim for costs for the external wash ($400.00+ gst) and cleaning the outside of the windows ($90+ gst) which reduced its claim to $1,414.50.

After considering the landlord’s evidence, including photographs taken of the condition of the premises at the end of the tenancy, I find that the amount claimed is more than is reasonable to clean the property to a reasonably clean and tidy condition. In making this finding I have awarded the amount claimed for removal of rubbish/belongings ($135.00+gst), carpet cleaning ($150.00+gst) and cleaning the oven ($90.00+gst) and have reduced the remainder of the invoice by 15%. This sum totals $1,267.01 which I find to be reasonable. In making this finding I have allowed a premium sum for cleaning the kitchen as I am satisfied a deep clean was needed after removal of the rats nest.

Lawns and Garden Work: The tenant did not leave the lawns and gardens in a reasonably clean and tidy condition and did not remove all rubbish from the exterior of the premises. The landlord initially claimed $2,461.00 for this work, but withdrew its claim for costs for trimming the hedge at the front of the house by the deck ($40+gst); trimming trees overhanging gutters ($50+gst); clearing the gutters ($80+gst); removing limbs from trees by front fence ($95+gst); removing ivy from sleepout ($30+gst); removal of weed trees($40+gst). The withdrawn claims reduced the landlord’s claim to $1,776.00 ($1,545+gst).

Tenants are not generally liable for maintenance of trees, large shrubs or hedges. I find the tenant is not liable for the following costs as invoiced: trimming overgrown shrubs on the fence line ($60+gst); trimming trees behind the shed ($105+gst) 1 ; trimming hedge to left of car park ($60+gst) and 50% of the green waste fee ($45+gst). This reduces the sum the tenant is liable for to $1,275+gst ($1,466.25)

However on looking at the photographs taken at the start of the tenancy I find that the grounds are in a better condition after the end of tenancy work was completed than they were at the start of the tenancy. To clarify, the grounds were in a reasonably clean and tidy condition at the start of the tenancy. The remedial work done is of a high standard and means the lawns and gardens are in more than a reasonably clean and tidy condition. For that reason I apply a 20% reduction the cost set out above ($1,466.25), and award $1,173.00 which I find to be reasonable compensation for the tenant’s breach.

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.

I find the damage caused to the wardrobe door and the desk in the sleepout were caused carelessly by the tenant or someone at the premises with their permission. The amount ordered is less than the landlord's insurance or four weeks' rent. See section 49B(3)(a) RTA.

The amounts ordered are proved.

As the landlord has wholly succeeded with the claim I must reimburse the filing fee. W Lang 1 The invoice records $210.00+gst for trimming trees behind the shed, digging plants out of the path area and clearing debris underneath fruit trees. I have allocated 50% of this cost to the landlord 26 April 2024

Claims and awards in Tenancy Tribunal application 4819539 — net $4,075.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement: including garage remotes	$670.45	Lock/key replacement: including garage remotes
Cleaning: including carpet cleaning and removal of rubbish/belongings	$1,267.01	Cleaning: including carpet cleaning and removal of rubbish/belongings
Pest control	$402.50	Pest control
Lawns and Garden work: includes removal of green waste, rubbish and belongings left outside and dump fee	$1,173.00	Lawns and Garden work: includes removal of green waste, rubbish and belongings left outside and dump fee
Repairs: wardrobe door and desk in outdoor room	$542.23	Repairs: wardrobe door and desk in outdoor room
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,075.63
Total payable by Tenant to Landlord	$4,075.63

Order

Rolf Van der Mee must pay Online Rentals Limited As Agent For F Chen $4,075.63 immediately, calculated as shown in table below.

Reasons

Mr Prior and Ms McCann attended the hearing for the landlord. The tenant did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The premises is a four bedroom house with two bathrooms/toilets, and with a separate two room sleep out. The house is on around a 900m2 section.

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.
Keys and garage remote: The tenant did not return the keys.
Pest Control: There was a rats nest in the kitchen which needed to be removed. Evidence of rat droppings in the kitchen was seen in the photographs taken at the end of the tenancy.
Cleaning: The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord initially claimed $1,978.00 for cleaning, carpets and an external wash. The landlord withdrew its claim for costs for the external wash ($400.00+ gst) and cleaning the outside of the windows ($90+ gst) which reduced its claim to $1,414.50.
After considering the landlord’s evidence, including photographs taken of the condition of the premises at the end of the tenancy, I find that the amount claimed is more than is reasonable to clean the property to a reasonably clean and tidy condition. In making this finding I have awarded the amount claimed for removal of rubbish/belongings ($135.00+gst), carpet cleaning ($150.00+gst) and cleaning the oven ($90.00+gst) and have reduced the remainder of the invoice by 15%. This sum totals $1,267.01 which I find to be reasonable. In making this finding I have allowed a premium sum for cleaning the kitchen as I am satisfied a deep clean was needed after removal of the rats nest.
Lawns and Garden Work: The tenant did not leave the lawns and gardens in a reasonably clean and tidy condition and did not remove all rubbish from the exterior of the premises. The landlord initially claimed $2,461.00 for this work, but withdrew its claim for costs for trimming the hedge at the front of the house by the deck ($40+gst); trimming trees overhanging gutters ($50+gst); clearing the gutters ($80+gst); removing limbs from trees by front fence ($95+gst); removing ivy from sleepout ($30+gst); removal of weed trees($40+gst). The withdrawn claims reduced the landlord’s claim to $1,776.00 ($1,545+gst).
Tenants are not generally liable for maintenance of trees, large shrubs or hedges. I find the tenant is not liable for the following costs as invoiced: trimming overgrown shrubs on the fence line ($60+gst); trimming trees behind the shed ($105+gst) 1 ; trimming hedge to left of car park ($60+gst) and 50% of the green waste fee ($45+gst). This reduces the sum the tenant is liable for to $1,275+gst ($1,466.25)
However on looking at the photographs taken at the start of the tenancy I find that the grounds are in a better condition after the end of tenancy work was completed than they were at the start of the tenancy. To clarify, the grounds were in a reasonably clean and tidy condition at the start of the tenancy. The remedial work done is of a high standard and means the lawns and gardens are in more than a reasonably clean and tidy condition. For that reason I apply a 20% reduction the cost set out above ($1,466.25), and award $1,173.00 which I find to be reasonable compensation for the tenant’s breach.
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.
I find the damage caused to the wardrobe door and the desk in the sleepout were caused carelessly by the tenant or someone at the premises with their permission. The amount ordered is less than the landlord's insurance or four weeks' rent. See section 49B(3)(a) RTA.
The amounts ordered are proved.
As the landlord has wholly succeeded with the claim I must reimburse the filing fee. W Lang 1 The invoice records $210.00+gst for trimming trees behind the shed, digging plants out of the path area and clearing debris underneath fruit trees. I have allocated 50% of this cost to the landlord 26 April 2024

Tenancy Tribunal case 4819539 — Cleanliness at 27 Lake Crescent, Hamilton Lake, Hamilton 3204

At a glance

Tenancy Tribunal case 4819539 — Cleanliness at 27 Lake Crescent, Hamilton Lake, Hamilton 3204

At a glance

Award balance

Claims & awards

Order

Reasons

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

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