What was the outcome of Tenancy Tribunal case 4975693?

The tribunal order states: Ahsan Rafique and Syeda Fouzia to pay Wendell Property Management

How much money was awarded in case 4975693?

Cleaning: $355.00 awarded to landlord; Cleaning: $32.00 awarded to landlord; Cleaning: $700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $87.14 awarded to landlord; Lino: $102.46 awarded to landlord; Replace: Living room carpet (depreci…: $303.20 awarded to landlord; Water Rates: $214.72 awarded to landlord

What type of tenancy dispute was case 4975693?

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

Where can I read the official tribunal order for case 4975693?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10989646-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4975693?

The tribunal order states: Ahsan Rafique and Syeda Fouzia to pay Wendell Property Management

How much money was awarded in case 4975693?

Cleaning: $355.00 awarded to landlord; Cleaning: $32.00 awarded to landlord; Cleaning: $700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $87.14 awarded to landlord; Lino: $102.46 awarded to landlord; Replace: Living room carpet (depreci…: $303.20 awarded to landlord; Water Rates: $214.72 awarded to landlord

What type of tenancy dispute was case 4975693?

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

Where can I read the official tribunal order for case 4975693?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10989646-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 16 Seabrook Avenue, New Lynn, Auckland 0600 Tenancy Tribunal Case 4975693 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4975693 — net $1,821.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$87.14	Rent arrears
Water rates	$214.72	Water rates
Carpet Cleaning	$355.00	Carpet Cleaning
Cleaning: House	$700.00	Cleaning: House
Cleaning: Curtains	$32.00	Cleaning: Curtains
Repairs: Lino	$102.46	Repairs: Lino
Replace: Living room carpet (depreciated	$303.20	Replace: Living room carpet (depreciated
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,821.52
Bond	$2,440.00
Total payable by Tenant to Landlord	$1,821.52

Ahsan Rafique and Syeda Fouzia to pay Wendell Property Management Limited As Agent For Vivien & Peter Li $1,821.52 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,440.00 (6489365-010) immediately apportioned as follows: Wendell Property Management Limited As Agent For Vivien & Peter Li: $1,821.52 Ahsan Rafique and Syeda Fouzia: $618.48

Reasons

Both parties attended the hearing, conducted via video conference.

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

How much is owed for rent and water rates?

The tenancy ended on 6 August 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy are as ordered.

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 landlord claimed the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

In support of those claims an invoice was provided and the need evidenced by photos. The tenant explained they had left overseas immediately after the tenancy and they did not have time to clean. The issue for them was not so much the need but the compensation amount claimed.

We worked through all evidence via the shared screen within the video conference application. This included entry and exit photos for comparative purposes.

Having considered the evidence and submissions I accept the costs incurred and as invoiced for cleaning the house, carpets and curtains. I decline the separate claim for rubbish removal. The minimal rubbish evidenced is such that the more significant cleaning cost is expected to have absorbed any related removal effort of any rubbish as shown.

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 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.

“Fair wear” is deterioration caused by the reasonable use of the premises. “Fair tear” is deterioration caused by the ordinary operation of the forces of nature. Importantly, intentional or careless damage are not fair wear and tear. The landlord must prove that damage is beyond fair wear and tear for compensation.

The following damage was caused during the tenancy: a. Lino badly stained. A large red stain on the lino appears to have been caused by “bleeding” of a red colour from a rug placed over the lino. I accept the damage is more than fair wear and tear and the need to replace the lino is established by the evidence. b. Living room carpet stained. After the commercial cleaning a number of stains remained. Having reviewed the entry and exit photos, I consider the damage is more than fair wear and tear.

The tenant has not disproved liability for the above damage.

The amounts ordered are proved.

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 flooring at the start of the tenancy and their likely useful lifespan.

I apply no depreciation to the lino replacement of $102.46. The owner sought only compensation for the material cost of the replacement lino, foregoing any claim for the labour or other associated costs. I accept this lino was more recently laid than the carpet (below).

The carpet was of uncertain age. After discussion, six years was settled on as an approximate age (the owner purchased the house in 2023 – this was the first tenancy). It certainly showed signs of wear and given the high traffic area I consider the economic life to be eight years. Using that as a basis to calculate depreciation reduces the actual cost for new carpet of $1,212.80 as incurred by the owner (invoice provided) to a tenant contribution of $303.20. This is awarded.

The low-cost approach to both repairs by the owner has mitigated the loss for both parties. Filing fee

Because Wendell Property Management Limited As Agent For Vivien & Peter Li has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4975693 — net $1,821.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$87.14	Rent arrears
Water rates	$214.72	Water rates
Carpet Cleaning	$355.00	Carpet Cleaning
Cleaning: House	$700.00	Cleaning: House
Cleaning: Curtains	$32.00	Cleaning: Curtains
Repairs: Lino	$102.46	Repairs: Lino
Replace: Living room carpet (depreciated	$303.20	Replace: Living room carpet (depreciated
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,821.52
Bond	$2,440.00
Total payable by Tenant to Landlord	$1,821.52

Order

Ahsan Rafique and Syeda Fouzia to pay Wendell Property Management Limited As Agent For Vivien & Peter Li $1,821.52 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,440.00 (6489365-010) immediately apportioned as follows: Wendell Property Management Limited As Agent For Vivien & Peter Li: $1,821.52 Ahsan Rafique and Syeda Fouzia: $618.48

Reasons

Both parties attended the hearing, conducted via video conference.
The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 6 August 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy are as ordered.

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 landlord claimed the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
In support of those claims an invoice was provided and the need evidenced by photos. The tenant explained they had left overseas immediately after the tenancy and they did not have time to clean. The issue for them was not so much the need but the compensation amount claimed.
We worked through all evidence via the shared screen within the video conference application. This included entry and exit photos for comparative purposes.
Having considered the evidence and submissions I accept the costs incurred and as invoiced for cleaning the house, carpets and curtains. I decline the separate claim for rubbish removal. The minimal rubbish evidenced is such that the more significant cleaning cost is expected to have absorbed any related removal effort of any rubbish as shown.
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 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.
“Fair wear” is deterioration caused by the reasonable use of the premises. “Fair tear” is deterioration caused by the ordinary operation of the forces of nature. Importantly, intentional or careless damage are not fair wear and tear. The landlord must prove that damage is beyond fair wear and tear for compensation.
The following damage was caused during the tenancy: a. Lino badly stained. A large red stain on the lino appears to have been caused by “bleeding” of a red colour from a rug placed over the lino. I accept the damage is more than fair wear and tear and the need to replace the lino is established by the evidence. b. Living room carpet stained. After the commercial cleaning a number of stains remained. Having reviewed the entry and exit photos, I consider the damage is more than fair wear and tear.
The tenant has not disproved liability for the above damage.
The amounts ordered are proved.
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 flooring at the start of the tenancy and their likely useful lifespan.
I apply no depreciation to the lino replacement of $102.46. The owner sought only compensation for the material cost of the replacement lino, foregoing any claim for the labour or other associated costs. I accept this lino was more recently laid than the carpet (below).
The carpet was of uncertain age. After discussion, six years was settled on as an approximate age (the owner purchased the house in 2023 – this was the first tenancy). It certainly showed signs of wear and given the high traffic area I consider the economic life to be eight years. Using that as a basis to calculate depreciation reduces the actual cost for new carpet of $1,212.80 as incurred by the owner (invoice provided) to a tenant contribution of $303.20. This is awarded.
The low-cost approach to both repairs by the owner has mitigated the loss for both parties. Filing fee
Because Wendell Property Management Limited As Agent For Vivien & Peter Li has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4975693 — Cleanliness at Unit/Flat 2, 16 Seabrook Avenue, New Lynn, Auckland 0600

At a glance

Tenancy Tribunal case 4975693 — Cleanliness at Unit/Flat 2, 16 Seabrook Avenue, New Lynn, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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 and water rates?

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