What was the outcome of Tenancy Tribunal case 4856541?

The tribunal order states: The Bond Centre is to split the bond of $2,040.00 (5122542-012) as follows:

How much money was awarded in case 4856541?

Cleaning: $1,092.50 awarded to landlord; Cleaning: $160.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting Above Door: $150.00 awarded to landlord; Rent Arrears: $582.86 awarded to landlord

What type of tenancy dispute was case 4856541?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4856541?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10564000-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4856541?

The tribunal order states: The Bond Centre is to split the bond of $2,040.00 (5122542-012) as follows:

How much money was awarded in case 4856541?

Cleaning: $1,092.50 awarded to landlord; Cleaning: $160.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting Above Door: $150.00 awarded to landlord; Rent Arrears: $582.86 awarded to landlord

What type of tenancy dispute was case 4856541?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4856541?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10564000-Tenancy_Tribunal_Order.pdf.

12A Maitland Street, Frankton, Hamilton 3204 Tenancy Tribunal Case 4856541 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4856541. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 March 2024	$582.86	Rent arrears to 28 March 2024
Lawn care, external cleaning and removal of graffiti/walls	$1,092.50	Lawn care, external cleaning and removal of graffiti/walls
Internal Exit Clean	$160.00	Internal Exit Clean
Painting Above Door	$150.00	Painting Above Door
Application Filing Fee	$20.44	Application Filing Fee

The Bond Centre is to split the bond of $2,040.00 (5122542-012) as follows: a. Pay Online Rentals Limited T/A Ray White Hamilton $2,005.80 immediately. b. Pay Harley Clay $34.20.

The split payment of the bond is based on the following awards: DescriptionLandlord Rent arrears to 28 March 2024$582.86 Lawn care, external cleaning and removal of graffiti/walls $1,092.50 Internal Exit Clean$160.00 Painting Above Door$150.00 Application Filing Fee$20.44 Total award$2,005.80 Deduct from Bond$2,005.80 Bond Returned to Tenant from $2040 Bond$34.20

Reasons

The Landlord attended the hearing by telephone. The Tenant did not attend.

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

How much is owed for rent?

The tenancy ended on 28 March 2024. There has already been an award of rent arrears to 20 March 2024. Award an extra 8 days of rent to the vacate date: $582.86

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: s 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.

The Tenant has vacated the property, leaving behind rubbish and various items in the house and garage. The outdoor areas are untidy, and the garage contains linings that have been screwed to the walls and are covered with graffiti.

The Landlord has had a contractor: a. Remove all rubbish and recycle items from the house and garage. b. Prune shrubs, weed the gardens, and mow overgrown lawns using a catcher. c. Clear weeds from the driveway using weed spray. d. In the garage, unscrew all lining boards and shelving, restoring the space to its original condition before tenancy.

I have viewed the Landlord’s photographs and considered its evidence and submissions and approve the Landlord’s compensation claim of $1,092.50.

A relatively quick clean was required of the premises, the Landlord says. I can not see, from the photographs, more than two (3) hours of cleaning at $35/hour. I award $160.00 for cleaning, including cleaning/travel costs.

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.

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 Tenant painted a red line above the door frame of the door to the main entrance. It was not there before the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I approve $150.00 for repainting the frame and wall.

Because Online Rentals Limited T/A Ray White Hamilton As Agent For Dewayne & Jonella Transfield has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4856541. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 March 2024	$582.86	Rent arrears to 28 March 2024
Lawn care, external cleaning and removal of graffiti/walls	$1,092.50	Lawn care, external cleaning and removal of graffiti/walls
Internal Exit Clean	$160.00	Internal Exit Clean
Painting Above Door	$150.00	Painting Above Door
Application Filing Fee	$20.44	Application Filing Fee

Order

The Bond Centre is to split the bond of $2,040.00 (5122542-012) as follows: a. Pay Online Rentals Limited T/A Ray White Hamilton $2,005.80 immediately. b. Pay Harley Clay $34.20.
The split payment of the bond is based on the following awards: DescriptionLandlord Rent arrears to 28 March 2024$582.86 Lawn care, external cleaning and removal of graffiti/walls $1,092.50 Internal Exit Clean$160.00 Painting Above Door$150.00 Application Filing Fee$20.44 Total award$2,005.80 Deduct from Bond$2,005.80 Bond Returned to Tenant from $2040 Bond$34.20

Reasons

The Landlord attended the hearing by telephone. The Tenant did not attend.
The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 28 March 2024. There has already been an award of rent arrears to 20 March 2024. Award an extra 8 days of rent to the vacate date: $582.86

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: s 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.
The Tenant has vacated the property, leaving behind rubbish and various items in the house and garage. The outdoor areas are untidy, and the garage contains linings that have been screwed to the walls and are covered with graffiti.
The Landlord has had a contractor: a. Remove all rubbish and recycle items from the house and garage. b. Prune shrubs, weed the gardens, and mow overgrown lawns using a catcher. c. Clear weeds from the driveway using weed spray. d. In the garage, unscrew all lining boards and shelving, restoring the space to its original condition before tenancy.
I have viewed the Landlord’s photographs and considered its evidence and submissions and approve the Landlord’s compensation claim of $1,092.50.
A relatively quick clean was required of the premises, the Landlord says. I can not see, from the photographs, more than two (3) hours of cleaning at $35/hour. I award $160.00 for cleaning, including cleaning/travel costs.

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.
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 Tenant painted a red line above the door frame of the door to the main entrance. It was not there before the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I approve $150.00 for repainting the frame and wall.
Because Online Rentals Limited T/A Ray White Hamilton As Agent For Dewayne & Jonella Transfield has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4856541 — Cleanliness at 12A Maitland Street, Frankton, Hamilton 3204

At a glance

Tenancy Tribunal case 4856541 — Cleanliness at 12A Maitland Street, Frankton, Hamilton 3204

At a glance

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

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