What was the outcome of Tenancy Tribunal case 4966675?

The tribunal order states: Aniva Leota must pay 360 Property Management Limited As Agent For Owner

How much money was awarded in case 4966675?

Cleaning: $190.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $862.50 awarded to landlord; Property Damage: $1,351.25 awarded to landlord; Rent Arrears: $3,610.29 awarded to landlord; Rubbish Removal: $920.00 awarded to landlord

What type of tenancy dispute was case 4966675?

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

Where can I read the official tribunal order for case 4966675?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11156928-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4966675?

The tribunal order states: Aniva Leota must pay 360 Property Management Limited As Agent For Owner

How much money was awarded in case 4966675?

Cleaning: $190.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $862.50 awarded to landlord; Property Damage: $1,351.25 awarded to landlord; Rent Arrears: $3,610.29 awarded to landlord; Rubbish Removal: $920.00 awarded to landlord

What type of tenancy dispute was case 4966675?

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

Where can I read the official tribunal order for case 4966675?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11156928-Tenancy_Tribunal_Order.pdf.

36 Ferguson Street, Manurewa East, Auckland 2102 Tenancy Tribunal Case 4966675 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 4966675 — net $5,261.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,610.29	Rent arrears
Carpet Cleaning	$190.00	Carpet Cleaning
Cleaning	$500.00	Cleaning
Repairs	$1,351.25	Repairs
Rubbish removal	$920.00	Rubbish removal
Lawns and Garden work	$862.50	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,261.04
Total payable by Tenant to Landlord	$5,261.04

The landlord attended this remote hearing.

The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. There was no response to the calls. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice has been given.

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 19 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,610.29.

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

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) Residential Tenancies Act 1986 (“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 standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994).

Contractual provisions that require a tenant to have the premises professionally cleaned at the end of the tenancy are generally unenforceable (s 11 RTA). Commercial carpet cleaning will only be only required where this is necessary to return the carpet to a reasonably condition. The photos provided showed extensive staining to the carpet and cleaning was justified.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided photos and invoices in support. I have reduced the amount for cleaning as this was the only cleaning conducted between tenancies. A tenant is only required to leave premises reasonably clean and tidy at the end of a tenancy. That is generally accepted as being a lower standard than might be required for a landlord at the commencement of a tenancy. The amount claimed for garden work and rubbish removal is reasonable.

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 following damage was caused during the tenancy: a number of walls were damaged. The landlord has had the holes covered, sanded and painted. The landlord provided photos and an invoice. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved.

As 360 Property Management Limited As Agent For Owner has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4966675 — net $5,261.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,610.29	Rent arrears
Carpet Cleaning	$190.00	Carpet Cleaning
Cleaning	$500.00	Cleaning
Repairs	$1,351.25	Repairs
Rubbish removal	$920.00	Rubbish removal
Lawns and Garden work	$862.50	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,261.04
Total payable by Tenant to Landlord	$5,261.04

The landlord attended this remote hearing.

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 19 August 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $3,610.29.

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

Is the tenant responsible for the damage to the premises?

The amounts ordered are proved.

As 360 Property Management Limited As Agent For Owner has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 4966675 — Rent arrears at 36 Ferguson Street, Manurewa East, Auckland 2102

At a glance

Tenancy Tribunal case 4966675 — Rent arrears at 36 Ferguson Street, Manurewa East, Auckland 2102

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