What was the outcome of Tenancy Tribunal case 5008568?

The tribunal order states: Ryan Hall must pay Oxygen.Co.Nz Limited As Agent For Hengky Oeni

How much money was awarded in case 5008568?

Cleaning: $172.50 awarded to landlord; Cleaning: $415.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $286.00 awarded to landlord; Property Damage: $264.50 awarded to landlord; Property Damage: $145.00 awarded to landlord; Rubbish Removal: $190.00 awarded to landlord

What type of tenancy dispute was case 5008568?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5008568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11223290-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5008568?

The tribunal order states: Ryan Hall must pay Oxygen.Co.Nz Limited As Agent For Hengky Oeni

How much money was awarded in case 5008568?

Cleaning: $172.50 awarded to landlord; Cleaning: $415.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $286.00 awarded to landlord; Property Damage: $264.50 awarded to landlord; Property Damage: $145.00 awarded to landlord; Rubbish Removal: $190.00 awarded to landlord

What type of tenancy dispute was case 5008568?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5008568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11223290-Tenancy_Tribunal_Order.pdf.

Unit/Flat 315, 12 Martin Square, Te Aro, Wellington 6011 Tenancy Tribunal Case 5008568 — Property damage

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Unit/Flat 315, 12 Martin Square, Te Aro, Wellington 6011 Tenancy Tribunal Case 5008568 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5008568 — net $1,500.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$415.00	Cleaning
Carpet cleaning: and mattress clean	$172.50	Carpet cleaning: and mattress clean
Rubbish removal	$190.00	Rubbish removal
Replacement fridge	$286.00	Replacement fridge
Lock/key replacement	$264.50	Lock/key replacement
Replacement fobs	$145.00	Replacement fobs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,500.00
Total payable by Tenant to Landlord	$1,500.00

Claims and awards for application 5008568 — net $1,500.00 NZD. Verify on MoJ.

Cleaning

Amount: $415.00
Awarded to: Landlord
Reason: Cleaning

Carpet cleaning: and mattress clean

Amount: $172.50
Awarded to: Landlord
Reason: Carpet cleaning: and mattress clean

Rubbish removal

Amount: $190.00
Awarded to: Landlord
Reason: Rubbish removal

Replacement fridge

Amount: $286.00
Awarded to: Landlord
Reason: Replacement fridge

Lock/key replacement

Amount: $264.50
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Ryan Hall must pay Oxygen.Co.Nz Limited As Agent For Hengky Oeni $1,500.00 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The claims for rent arrears and the callout charge were withdrawn at the hearing.

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

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. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (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 landlord provided me with photos taken at the end of the tenancy. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. I have not allowed the full amount claimed, but have allowed an amount that seems reasonable based on the photos and the invoice provided.
The tenant did not return the keys and fobs. 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.
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 fridge provided as part of the tenancy was very mouldy at the end of the tenancy and the cleaners were not able to remove all the mould and make it sanitary. I have seen the photos. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I have depreciated the amount claimed by half. The landlord should be returned to the position they would have been in had the tenant not breached his obligations and should not be better or worse off. The landlord said the fridge was at least 4 years old but was in a clean and tidy condition at the start of the tenancy. The IR265 – 2020 table lists the expected life of a fridge at 8 years. The amount ordered is proved.
The claim for the shower curtain is not allowed because these are usually replaced between tenancies at no cost to the tenants. The claim for damage to the walls is not allowed because the photos do not support the claim.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5008568 — net $1,500.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$415.00	Cleaning
Carpet cleaning: and mattress clean	$172.50	Carpet cleaning: and mattress clean
Rubbish removal	$190.00	Rubbish removal
Replacement fridge	$286.00	Replacement fridge
Lock/key replacement	$264.50	Lock/key replacement
Replacement fobs	$145.00	Replacement fobs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,500.00
Total payable by Tenant to Landlord	$1,500.00

Claims and awards for application 5008568 — net $1,500.00 NZD. Verify on MoJ.

Cleaning

Amount: $415.00
Awarded to: Landlord
Reason: Cleaning

Carpet cleaning: and mattress clean

Amount: $172.50
Awarded to: Landlord
Reason: Carpet cleaning: and mattress clean

Rubbish removal

Amount: $190.00
Awarded to: Landlord
Reason: Rubbish removal

Replacement fridge

Amount: $286.00
Awarded to: Landlord
Reason: Replacement fridge

Lock/key replacement

Amount: $264.50
Awarded to: Landlord
Reason: Lock/key replacement

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Ryan Hall must pay Oxygen.Co.Nz Limited As Agent For Hengky Oeni $1,500.00 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The claims for rent arrears and the callout charge were withdrawn at the hearing.

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

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. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (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 landlord provided me with photos taken at the end of the tenancy. The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. I have not allowed the full amount claimed, but have allowed an amount that seems reasonable based on the photos and the invoice provided.
The tenant did not return the keys and fobs. 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.
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 fridge provided as part of the tenancy was very mouldy at the end of the tenancy and the cleaners were not able to remove all the mould and make it sanitary. I have seen the photos. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. I have depreciated the amount claimed by half. The landlord should be returned to the position they would have been in had the tenant not breached his obligations and should not be better or worse off. The landlord said the fridge was at least 4 years old but was in a clean and tidy condition at the start of the tenancy. The IR265 – 2020 table lists the expected life of a fridge at 8 years. The amount ordered is proved.
The claim for the shower curtain is not allowed because these are usually replaced between tenancies at no cost to the tenants. The claim for damage to the walls is not allowed because the photos do not support the claim.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5008568 — Property damage at Unit/Flat 315, 12 Martin Square, Te Aro, Wellington 6011

At a glance

Tenancy Tribunal case 5008568 — Property damage at Unit/Flat 315, 12 Martin Square, Te Aro, Wellington 6011

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with his 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

Dismissed claims

Order

Reasons

Did the tenant comply with his 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