What was the outcome of Tenancy Tribunal case 4898260?

The tribunal order states: Vijay Bhosle must pay Bayleys Real Estate Limited As Agent For Shalabh

How much money was awarded in case 4898260?

Cleaning: $1,325.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $448.50 awarded to landlord; Rent Arrears: $27,900.00 awarded to landlord; Rubbish Removal: $747.50 awarded to landlord

What type of tenancy dispute was case 4898260?

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

Where can I read the official tribunal order for case 4898260?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10619388-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4898260?

The tribunal order states: Vijay Bhosle must pay Bayleys Real Estate Limited As Agent For Shalabh

How much money was awarded in case 4898260?

Cleaning: $1,325.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $448.50 awarded to landlord; Rent Arrears: $27,900.00 awarded to landlord; Rubbish Removal: $747.50 awarded to landlord

What type of tenancy dispute was case 4898260?

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

Where can I read the official tribunal order for case 4898260?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10619388-Tenancy_Tribunal_Order.pdf.

99 Potter Road, Dairy Flat, RD 2, Dairy Flat 0792 Tenancy Tribunal Case 4898260 — Rent arrears

Claims and awards in Tenancy Tribunal application 4898260 — net $22,041.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 April 2024	$27,900.00	Rent arrears to 30 April 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$1,325.00	Cleaning
Lock/key replacement: garage remotes x 2	$448.50	Lock/key replacement: garage remotes x 2
Rubbish removal	$747.50	Rubbish removal
Net award	$22,041.44
Total payable by Tenant to Landlord	$22,041.44

Order

Vijay Bhosle must pay Bayleys Real Estate Limited As Agent For Shalabh Bhasin $22,041.44 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $8,400.00 (6503335-001) to Bayleys Real Estate Limited As Agent For Shalabh Bhasin immediately.

Reasons

The landlord’s agent attended the hearing. The tenant did not attend. I am satisfied the tenant was served with notice of the hearing, and determined the hearing would proceed in their absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The premises is a five-bedroom, four-bathroom house situated on a lifestyle block with a land size of 4.7 acres. The property includes fenced paddocks.

How much is owed for rent?

The tenancy ended on 30 April 2024. The landlord’s agent provided rent records which prove the amount owing at the end of the tenancy is $27,900.00.
The landlord’s agent had originally sought rent arrears of $29,400.00. However, during the hearing, the landlord’s agent accepted that that figure was based on the tenancy continuing until 5 May 2024. It appears the tenant had vacated the premises by 26 April 2024, when the landlord’s agent completed an inspection, however the fixed term tenancy continued until 30 April 2024.
The correct amount owed in rent arrears to that date is therefore $27,900.
I award $27,900.00 in rent arrears to 30 April 2024.

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, did not remove all rubbish, and did not return the garage door remotes.
Below I discuss each item for which the landlord sought reimbursement.

Is the tenant responsible for the costs of professionally cleaning the premises?

At the hearing, the landlord’s agent provided copies of photos she had taken on 26 April 2024. The landlord’s agent also provided an invoice from Starry Cleaning Service Ltd which itemised the areas which were professionally cleaned in the house, being: kitchen, bathroom, vacuuming, skirting boards, windows, floors.
The photographs show the premises were not reasonably clean and tidy. By way of example: a. The kitchen had food in a pot on the stove, grease on the extractor fan and dirt and debris on the floor, bench tops and drawers. b. The bathrooms (there were four) were all unclean, with dirt and grime visible on the sinks, floors and toilets. c. The floors throughout the home had debris on them. d. Window ledges and skirting boards had debris on them, some had spiderwebs.
From the photographs, I am satisfied the tenant did not leave the premises in a reasonably clean and tidy condition. However, a tenant is not required to leave the premises immaculate. The standard is what an average, reasonable bystander would consider “reasonably clean” and “reasonably tidy.”
I consider the standard of an average, reasonable bystander is less than that of a professional cleaner. I therefore award the landlord half the costs as charged by the professional cleaner.
I award $1,325.00 for cleaning.

Is the tenant responsible for the damage to the carpet?

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 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.
The landlord’s agent referred to the photographs taken on 26 April 2024 and to stains she said were visible on the carpet at the bottom of the carpeted stairs.
The landlord’s agent did not have photographs, or any other record, to show what condition the carpet was in at the start of the tenancy. The landlord’s agent stated this tenant was the first tenant in the premises since the owner purchased it, but agreed the property was not brand new. The landlord’s agent said the property was, nevertheless, in good condition prior to this tenancy.
A property inspection report was provided. The report, which was signed on 1 May 2023 (the start of the tenancy) by the landlord, records the floors/floor coverings throughout the property were in “acceptable” condition. There is no record made of any stains on the property inspection report. Notably, the property inspection report provided does not have the tenant’s signature confirming the condition of the flooring at the start of the tenancy.
Given the absence of any evidence as to what condition the carpets were in at the start of the tenancy, the landlord has not proven the carpet stains (which were not clearly visible in photographs referred to) occurred during the tenancy and is more than fair wear and tear.
I dismiss the claim for the costs of carpet stain removal.

Is the tenant responsible for the replacement of two garage remotes?

The landlord’s agent provided an invoice from GLTS Electrical Ltd for the supply and programming of garage door receiver and remotes, at a cost of $360+GST. The invoice also referred to “Extra material including adaptor and double powerpoint in the garage,” at a cost of $40+GST. The total the landlord seeks is for $494.50.
I am satisfied the garage door remotes are included within “all keys and security devices” which the tenant must return at the end of the tenancy. The tenant is required to reimburse the landlord for the cost of replacing the two garage door receiver and remotes.
The tenant is not responsible for the “Extra material including adaptor and double powerpoint in the garage.” Based on that description is does not appear related to the replacement of the garage door remotes, and the landlord’s agent did not make any submissions on the matter during the hearing.
I award $448.50 for the cost of replacing the garage door remotes.

Is the tenant responsible for the costs of lawn mowing?

Tenants must keep the property reasonably clean and tidy. Generally, this is understood to include mowing the lawns and weeding gardens. Tenants won't have to do this if the landlord has agreed to do this in the tenancy agreement.
In this case, the tenancy agreement does not specify who has responsibility for the lawns, and in this case, paddocks. The property is 4.7 acres in size and includes fenced off paddock areas.
During the hearing, the landlord’s agent provided an invoice from Yong Garden Limited for $977.50 for “trim and lawn mowing.” The landlord’s agent accepted the claim in the original application for $1,092.50 is incorrect, the amended claim is for $977.50.
The only photographs which record the state of the lawn and/or garden are those taken on 26 April 2024 which show some of the grassed areas directly adjacent to the house. Photographs of the “back” of the house, showing an exercycle and outdoor oven/firepit show the grass is slightly overgrown (first page of the booklet of photographs handed up). Photographs at the “front” of the house (the second to last page of photographs, and also the third page showing the front door) show the grass was not overgrown in those areas. No photos were taken to show the condition of the paddocks or remainder of the
7 acres.
It is for the landlord to establish that the lawns and paddocks were not kept in a reasonably clean and tidy condition. To do that, the landlord must provide sufficient evidence of the state the lawns and paddocks were left in, particularly where the cost of remedying them is said to be $977.50. The standard of proof that applies is the civil standard “on the balance of probabilities”. This means that I do not have to be completely certain, but I must be satisfied that what is alleged is “more probable than not.”
On the limited evidence provided, I am not satisfied that what is alleged is more probable than not. There is no evidence as to what condition the paddocks were in, and the area that was photographed, while untidy, is not what I would consider unreasonable.
I dismiss the claim for the costs of lawn mowing.

Is the tenant responsible for the costs of removing rubbish?

The landlord’s agent has provided an invoice from Maroc New Zealand Limited with two matters itemised: “arranged bin and threw out unwanted items” at a cost of $650+GST, and, “supplied and replaced the mail box” $100+GST. The landlord claims only the first item, being $747.50 in total.
The landlord’s agent clarified that the cost included the hire of a skip bin for the items to be loaded into and removed from the property.
The photographs taken on 26 April 2024 show the tenant left several pieces of rubbish which needed to be disposed of by the landlord, these included: a. Outside: pots lying in the grass. b. Bottom of the internal stairway: child’s blackboard, black rubbish sack, miscellaneous items on the floor. c. Lounge: rubbish and personal items left on the floor. d. Dining room: balls on the floor, drink bottles on tables and floor, book on the floor. e. Garage: empty boxes, items on shelves, vacuum cleaner. f. Laundry: personal items stacked on the washer/dryer and in cupboards. g. Bedrooms: bedding, dishes on a desk, a large number of toys strewn on the floor of what appears to be a child’s bedroom, boxes and other personal items.
I am satisfied the items left by the tenant were rubbish and the cost of having them removed was reasonable.
I award $747.50 for the cost of replacing the garage door remotes.

Should the tenant reimburse the landlord for the filing fee?

As the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4898260 — net $22,041.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 30 April 2024	$27,900.00	Rent arrears to 30 April 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$1,325.00	Cleaning
Lock/key replacement: garage remotes x 2	$448.50	Lock/key replacement: garage remotes x 2
Rubbish removal	$747.50	Rubbish removal
Net award	$22,041.44
Total payable by Tenant to Landlord	$22,041.44

Order

Vijay Bhosle must pay Bayleys Real Estate Limited As Agent For Shalabh Bhasin $22,041.44 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $8,400.00 (6503335-001) to Bayleys Real Estate Limited As Agent For Shalabh Bhasin immediately.

Reasons

The landlord’s agent attended the hearing. The tenant did not attend. I am satisfied the tenant was served with notice of the hearing, and determined the hearing would proceed in their absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The premises is a five-bedroom, four-bathroom house situated on a lifestyle block with a land size of 4.7 acres. The property includes fenced paddocks.

How much is owed for rent?

The tenancy ended on 30 April 2024. The landlord’s agent provided rent records which prove the amount owing at the end of the tenancy is $27,900.00.
The landlord’s agent had originally sought rent arrears of $29,400.00. However, during the hearing, the landlord’s agent accepted that that figure was based on the tenancy continuing until 5 May 2024. It appears the tenant had vacated the premises by 26 April 2024, when the landlord’s agent completed an inspection, however the fixed term tenancy continued until 30 April 2024.
The correct amount owed in rent arrears to that date is therefore $27,900.
I award $27,900.00 in rent arrears to 30 April 2024.

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, did not remove all rubbish, and did not return the garage door remotes.
Below I discuss each item for which the landlord sought reimbursement.

Is the tenant responsible for the costs of professionally cleaning the premises?

At the hearing, the landlord’s agent provided copies of photos she had taken on 26 April 2024. The landlord’s agent also provided an invoice from Starry Cleaning Service Ltd which itemised the areas which were professionally cleaned in the house, being: kitchen, bathroom, vacuuming, skirting boards, windows, floors.
The photographs show the premises were not reasonably clean and tidy. By way of example: a. The kitchen had food in a pot on the stove, grease on the extractor fan and dirt and debris on the floor, bench tops and drawers. b. The bathrooms (there were four) were all unclean, with dirt and grime visible on the sinks, floors and toilets. c. The floors throughout the home had debris on them. d. Window ledges and skirting boards had debris on them, some had spiderwebs.
From the photographs, I am satisfied the tenant did not leave the premises in a reasonably clean and tidy condition. However, a tenant is not required to leave the premises immaculate. The standard is what an average, reasonable bystander would consider “reasonably clean” and “reasonably tidy.”
I consider the standard of an average, reasonable bystander is less than that of a professional cleaner. I therefore award the landlord half the costs as charged by the professional cleaner.
I award $1,325.00 for cleaning.

Is the tenant responsible for the damage to the carpet?

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 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.
The landlord’s agent referred to the photographs taken on 26 April 2024 and to stains she said were visible on the carpet at the bottom of the carpeted stairs.
The landlord’s agent did not have photographs, or any other record, to show what condition the carpet was in at the start of the tenancy. The landlord’s agent stated this tenant was the first tenant in the premises since the owner purchased it, but agreed the property was not brand new. The landlord’s agent said the property was, nevertheless, in good condition prior to this tenancy.
A property inspection report was provided. The report, which was signed on 1 May 2023 (the start of the tenancy) by the landlord, records the floors/floor coverings throughout the property were in “acceptable” condition. There is no record made of any stains on the property inspection report. Notably, the property inspection report provided does not have the tenant’s signature confirming the condition of the flooring at the start of the tenancy.
Given the absence of any evidence as to what condition the carpets were in at the start of the tenancy, the landlord has not proven the carpet stains (which were not clearly visible in photographs referred to) occurred during the tenancy and is more than fair wear and tear.
I dismiss the claim for the costs of carpet stain removal.

Is the tenant responsible for the replacement of two garage remotes?

The landlord’s agent provided an invoice from GLTS Electrical Ltd for the supply and programming of garage door receiver and remotes, at a cost of $360+GST. The invoice also referred to “Extra material including adaptor and double powerpoint in the garage,” at a cost of $40+GST. The total the landlord seeks is for $494.50.
I am satisfied the garage door remotes are included within “all keys and security devices” which the tenant must return at the end of the tenancy. The tenant is required to reimburse the landlord for the cost of replacing the two garage door receiver and remotes.
The tenant is not responsible for the “Extra material including adaptor and double powerpoint in the garage.” Based on that description is does not appear related to the replacement of the garage door remotes, and the landlord’s agent did not make any submissions on the matter during the hearing.
I award $448.50 for the cost of replacing the garage door remotes.

Is the tenant responsible for the costs of lawn mowing?

Tenants must keep the property reasonably clean and tidy. Generally, this is understood to include mowing the lawns and weeding gardens. Tenants won't have to do this if the landlord has agreed to do this in the tenancy agreement.
In this case, the tenancy agreement does not specify who has responsibility for the lawns, and in this case, paddocks. The property is 4.7 acres in size and includes fenced off paddock areas.
During the hearing, the landlord’s agent provided an invoice from Yong Garden Limited for $977.50 for “trim and lawn mowing.” The landlord’s agent accepted the claim in the original application for $1,092.50 is incorrect, the amended claim is for $977.50.
The only photographs which record the state of the lawn and/or garden are those taken on 26 April 2024 which show some of the grassed areas directly adjacent to the house. Photographs of the “back” of the house, showing an exercycle and outdoor oven/firepit show the grass is slightly overgrown (first page of the booklet of photographs handed up). Photographs at the “front” of the house (the second to last page of photographs, and also the third page showing the front door) show the grass was not overgrown in those areas. No photos were taken to show the condition of the paddocks or remainder of the
7 acres.
It is for the landlord to establish that the lawns and paddocks were not kept in a reasonably clean and tidy condition. To do that, the landlord must provide sufficient evidence of the state the lawns and paddocks were left in, particularly where the cost of remedying them is said to be $977.50. The standard of proof that applies is the civil standard “on the balance of probabilities”. This means that I do not have to be completely certain, but I must be satisfied that what is alleged is “more probable than not.”
On the limited evidence provided, I am not satisfied that what is alleged is more probable than not. There is no evidence as to what condition the paddocks were in, and the area that was photographed, while untidy, is not what I would consider unreasonable.
I dismiss the claim for the costs of lawn mowing.

Is the tenant responsible for the costs of removing rubbish?

The landlord’s agent has provided an invoice from Maroc New Zealand Limited with two matters itemised: “arranged bin and threw out unwanted items” at a cost of $650+GST, and, “supplied and replaced the mail box” $100+GST. The landlord claims only the first item, being $747.50 in total.
The landlord’s agent clarified that the cost included the hire of a skip bin for the items to be loaded into and removed from the property.
The photographs taken on 26 April 2024 show the tenant left several pieces of rubbish which needed to be disposed of by the landlord, these included: a. Outside: pots lying in the grass. b. Bottom of the internal stairway: child’s blackboard, black rubbish sack, miscellaneous items on the floor. c. Lounge: rubbish and personal items left on the floor. d. Dining room: balls on the floor, drink bottles on tables and floor, book on the floor. e. Garage: empty boxes, items on shelves, vacuum cleaner. f. Laundry: personal items stacked on the washer/dryer and in cupboards. g. Bedrooms: bedding, dishes on a desk, a large number of toys strewn on the floor of what appears to be a child’s bedroom, boxes and other personal items.
I am satisfied the items left by the tenant were rubbish and the cost of having them removed was reasonable.
I award $747.50 for the cost of replacing the garage door remotes.

Should the tenant reimburse the landlord for the filing fee?

As the landlord has succeeded with the claim the tenant must reimburse the filing fee.

Tenancy Tribunal case 4898260 — Rent arrears at 99 Potter Road, Dairy Flat, RD 2, Dairy Flat 0792

At a glance

Tenancy Tribunal case 4898260 — Rent arrears at 99 Potter Road, Dairy Flat, RD 2, Dairy Flat 0792

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 costs of professionally cleaning the premises?

Is the tenant responsible for the damage to the carpet?

Is the tenant responsible for the replacement of two garage remotes?

Is the tenant responsible for the costs of lawn mowing?

Is the tenant responsible for the costs of removing rubbish?

Should the tenant reimburse the landlord for the filing fee?

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 costs of professionally cleaning the premises?

Is the tenant responsible for the damage to the carpet?

Is the tenant responsible for the replacement of two garage remotes?

Is the tenant responsible for the costs of lawn mowing?

Is the tenant responsible for the costs of removing rubbish?

Should the tenant reimburse the landlord for the filing fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions