What was the outcome of Tenancy Tribunal case 5005548?

The tribunal order states: Priscilla Maitai and Dylan Maitai must pay Realty Focus Limited As Agent For

How much money was awarded in case 5005548?

Cleaning: $207.00 awarded to landlord; Cleaning: $161.00 awarded to landlord; Cleaning: $437.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $69.00 awarded to landlord; Rent Arrears: $3,557.14 awarded to landlord; Handyman Labour 3.5 Hrs Inc GST: $281.75 awarded to landlord; Painting – Internal Inc GST: $853.88 awarded to landlord; Replace furnishings: Battery for gar…: $9.95 awarded to landlord; Replace Furnishings: New Toilet Seat: $94.50 awarded to landlord; Replace furnishings: Replace letterb…: $19.95 awarded to landlord; Rubbish Removal: $30.00 awarded to landlord; Water Rates: $123.90 awarded to landlord

What type of tenancy dispute was case 5005548?

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

Where can I read the official tribunal order for case 5005548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11005141-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5005548?

The tribunal order states: Priscilla Maitai and Dylan Maitai must pay Realty Focus Limited As Agent For

How much money was awarded in case 5005548?

Cleaning: $207.00 awarded to landlord; Cleaning: $161.00 awarded to landlord; Cleaning: $437.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $69.00 awarded to landlord; Rent Arrears: $3,557.14 awarded to landlord; Handyman Labour 3.5 Hrs Inc GST: $281.75 awarded to landlord; Painting – Internal Inc GST: $853.88 awarded to landlord; Replace furnishings: Battery for gar…: $9.95 awarded to landlord; Replace Furnishings: New Toilet Seat: $94.50 awarded to landlord; Replace furnishings: Replace letterb…: $19.95 awarded to landlord; Rubbish Removal: $30.00 awarded to landlord; Water Rates: $123.90 awarded to landlord

What type of tenancy dispute was case 5005548?

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

Where can I read the official tribunal order for case 5005548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11005141-Tenancy_Tribunal_Order.pdf.

35 Nursery Lane, Papamoa, Papamoa 3118 Tenancy Tribunal Case 5005548 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 5005548 — net $2,872.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,557.14	Rent arrears
Water rates to 26/09/24	$123.90	Water rates to 26/09/24
Cleaning: Oil on driveway	$437.00	Cleaning: Oil on driveway
Cleaning: Acid on garage floor	$207.00	Cleaning: Acid on garage floor
Replace furnishings: New toilet seat	$94.50	Replace furnishings: New toilet seat
Replace furnishings: Battery for garage remote	$9.95	Replace furnishings: Battery for garage remote
Replace furnishings: Replace letterbox key	$19.95	Replace furnishings: Replace letterbox key
Rubbish removal: Dump fees	$30.00	Rubbish removal: Dump fees
Lawns and Garden work (mowing, weeds etc) inc GST	$69.00	Lawns and Garden work (mowing, weeds etc) inc GST
Repairs: Handyman labour 3.5 hrs inc GST	$281.75	Repairs: Handyman labour 3.5 hrs inc GST
Repairs: Painting – internal inc GST	$853.88	Repairs: Painting – internal inc GST
Cleaning: House cleaning inc GST	$161.00	Cleaning: House cleaning inc GST
Filing fee	$27.00	Filing fee
Net award	$2,872.07
Total payable by Tenant to Landlord	$2,872.07

Both parties attended the video hearing.

Prior to the end of the tenancy, the landlord applied for rent arrears, compensation for damages and repairs, refund of the bond, and reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy came to an end on 26 September 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The tenants accept the amount of rent arrears and water rates to 26 September 2024 as sought by the landlord are owed. I make orders accordingly.

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

At the end of the tenancy the tenants 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 tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenants did not return the keys in working order.

At the hearing, the tenants accepted some of the costs sought by the landlord. The accepted claims were: a. Cleaning the oil from the driveway; b. Removing the battery acid on the garage floor; c. Replacing the battery for the garage remote; and d. Replacing the broken letterbox key;

I make orders for the accepted claims accordingly.

The tenants accepted liability, but disputed the amount charged, for the following: a. Lawns and garden work: $60.00 + GST; b. Dump fees: $30.00 + GST; c. Handyman labour: 3.5 hrs at $70.00 per hour +GST; and d. Internal painting: $1,707.75 inc GST.

The tenants disputed that the house was left in an unclean state and say they were unaware the toilet seat in the ensuite was broken. The landlords seek $161.00 inc GST for cleaning and $94.50 + GST for the replacement toilet seat (the cost of its installation is included in the handyman’s labour charge which is also disputed).

I consider each disputed matter separately below. The disputed internal painting charge is considered under the heading “Is the tenant responsible for the damage to the premises?” Lawns and garden work

The landlord’s agent says, upon inspecting the property on 27 September 2024 (or thereabouts), the lawns needed mowing, weeds needed whacking and dog faeces had to be removed. The landlord’s agent has provided an invoice from Bay Property Services which itemises $60.00 + GST for those items. The landlord’s agent has also provided photos showing the condition of the lawn and gardens on 27 September 2024.

The tenants say they contracted a lawnmowing business to come and mow the lawns, but they failed to do so before the end of the tenancy. The tenants accept the gardens and lawn were not left tidy but say they had to leave in a hurry and under stressful circumstances.

The photos show the lawns and garden were not in a tidy condition at the end of the tenancy. The tenants accept that. I find the amount charged and sought by the landlord’s agent is reasonable.

The amounts ordered are proved. Dump fees

The landlord says the rubbish left at the property had to be disposed of at the dump. The landlord’s agent provided photos taken on 27 September 2024 which show the council rubbish bins full and some additional black bags of rubbish which could not fit in the bins. The landlord’s agent has provided an invoice from Bay Property Services which itemises $30.00 + GST for dump fees.

The tenants say the rubbish was only in the bins provided.

I am satisfied the photos show there was rubbish which could not fit in the council rubbish bins. No receipt was provided from the council to show the handyman paid $30.00 + GST in dump fees. I am satisfied it is more likely the council charges a flat-rate of $30.00.

The amounts ordered are proved. Handyman labour

The landlord says the handyman took 3.5 hours to purchase the materials (toilet seat), complete the lawn mowing, collect rubbish, go to dump and un-load the rubbish. The landlord’s agent submits this is a reasonable time for the amount of work the handyman needed to do.

The tenants say 3.5 hours is excessive and they should not be liable for the full amount.

I am satisfied the amount of time charged is reasonable for the amount of work the handyman did. I note the labour relates to several items, including sourcing replacement items, installing them, and dealing to the garden and rubbish.

The amounts ordered are proved. Cleaning

The landlord says the inside of the property was not left in a reasonably clean and reasonably tidy state. The landlord’s agent has provided an invoice from D&P Pristine Cleaning Services which itemises $161.00 inc GST for cleaning around the door and window frames and light switches, cleaning of the roller blinds and cleaning of the main bathroom (only). The landlord’s agent referred to the photos filed and stated the shower tiles were dirty, the doors and light switches needed cleaning and there were marks on the roller blinds. The landlord’s agent also referred to dog hair being around the blinds and that the ranchslider door in dining area had finger marks. No photos showing the condition of the property at the start of the tenancy were filed.

The tenants say they left the property reasonably clean and tidy. They say there were under a lot of stress when leaving the property as they had nowhere to move to.

The photos show the shower tiles had grime build up on them, and there were marks on the blinds and they also had dog hair stuck in them. The light switches also appeared to have finger marks. Although there are no photos of the property at the start of the tenancy, I am satisfied the condition at the end was not reasonably clean and reasonably tidy. The invoice is for the cleaning of the specified areas only, and is a reasonable amount for the work included.

The amounts ordered are proved. Toilet seat

The landlord says the toilet seat in the ensuite was cracked and needed to be replaced. The landlord’s agent has provided an invoice from Bay Property Services which itemises $94.50 + GST for a replacement toilet seat (the installation of the toilet seat is included in the 3.5 hours of labour charged). The landlord has provided photos which show a crack across the toilet seat.

The tenants say they were not aware the toilet seat was broken.

I am satisfied the photos taken on 27 September 2024 show the toilet seat was broken during the tenancy. I do not accept that the handyman would have paid $94.50 + GST as stated in the invoice. I consider (without evidence in the form of a receipt for that purchase) it is more likely he purchased the toilet seat for $94.50 including GST. I make an order for that amount.

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.

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. Internal painting

The landlord says the tenants damaged the internal walls, leave marks and other damage which required re-painting. The landlord’s agent has provided an invoice from Asset Group Ltd which itemises $1,707.75 incl GST for the work done to repair the internal walls. The landlord’s agent has also filed an email exchange with the tenants dated 24 July 2024 in which the tenants ask the landlord’s agent to arrange for the painting to be done.

The tenants accept they caused damage to the walls which required repainting but dispute the amount charged by the landlord’s contractor.

The photos show there were some marks and dents in the wall at the end of the tenancy. However, the landlord’s agent has not provided photos to show the condition the property was in at the start of the tenancy. I am therefore not able to assess whether all the damage shown was caused by the tenants during this tenancy.

Despite this, the tenants do accept they caused damage which required repair. Given that, I award the landlord’s agents half the cost as invoiced by Asset Group Ltd.

In awarding half the cost incurred I have taken into account betterment and depreciation. By that, I mean that the landlord should be returned to the position they would (likely) have been in had the tenant not breached their obligations, and should not be better or worse off. Without evidence of the condition of the walls at the start of the tenancy, I am unable to assess depreciation. Filing fee

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

Reasons

Claims and awards in Tenancy Tribunal application 5005548 — net $2,872.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,557.14	Rent arrears
Water rates to 26/09/24	$123.90	Water rates to 26/09/24
Cleaning: Oil on driveway	$437.00	Cleaning: Oil on driveway
Cleaning: Acid on garage floor	$207.00	Cleaning: Acid on garage floor
Replace furnishings: New toilet seat	$94.50	Replace furnishings: New toilet seat
Replace furnishings: Battery for garage remote	$9.95	Replace furnishings: Battery for garage remote
Replace furnishings: Replace letterbox key	$19.95	Replace furnishings: Replace letterbox key
Rubbish removal: Dump fees	$30.00	Rubbish removal: Dump fees
Lawns and Garden work (mowing, weeds etc) inc GST	$69.00	Lawns and Garden work (mowing, weeds etc) inc GST
Repairs: Handyman labour 3.5 hrs inc GST	$281.75	Repairs: Handyman labour 3.5 hrs inc GST
Repairs: Painting – internal inc GST	$853.88	Repairs: Painting – internal inc GST
Cleaning: House cleaning inc GST	$161.00	Cleaning: House cleaning inc GST
Filing fee	$27.00	Filing fee
Net award	$2,872.07
Total payable by Tenant to Landlord	$2,872.07

Both parties attended the video hearing.

Prior to the end of the tenancy, the landlord applied for rent arrears, compensation for damages and repairs, refund of the bond, and reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy came to an end on 26 September 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The tenants accept the amount of rent arrears and water rates to 26 September 2024 as sought by the landlord are owed. I make orders accordingly.

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

The tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenants did not return the keys in working order.

I make orders for the accepted claims accordingly.

The photos show the lawns and garden were not in a tidy condition at the end of the tenancy. The tenants accept that. I find the amount charged and sought by the landlord’s agent is reasonable.

The amounts ordered are proved. Dump fees

The tenants say the rubbish was only in the bins provided.

The amounts ordered are proved. Handyman labour

The tenants say 3.5 hours is excessive and they should not be liable for the full amount.

The amounts ordered are proved. Cleaning

The tenants say they left the property reasonably clean and tidy. They say there were under a lot of stress when leaving the property as they had nowhere to move to.

The amounts ordered are proved. Toilet seat

The tenants say they were not aware the toilet seat was broken.

Is the tenant responsible for the damage to the premises?

The tenants accept they caused damage to the walls which required repainting but dispute the amount charged by the landlord’s contractor.

Despite this, the tenants do accept they caused damage which required repair. Given that, I award the landlord’s agents half the cost as invoiced by Asset Group Ltd.

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

Tenancy Tribunal case 5005548 — Rent arrears at 35 Nursery Lane, Papamoa, Papamoa 3118

At a glance

Tenancy Tribunal case 5005548 — Rent arrears at 35 Nursery Lane, Papamoa, Papamoa 3118

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