What was the outcome of Tenancy Tribunal case 5011672?

The tribunal order states: Wilma Groenewald and Hendrik Wilhelmus Groenewald must pay Kevin Mark

How much money was awarded in case 5011672?

Deoderising Carpet: $60.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Water Rates: $170.07 awarded to landlord

What type of tenancy dispute was case 5011672?

The dispute type was not classified.

Where can I read the official tribunal order for case 5011672?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11103015-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5011672?

The tribunal order states: Wilma Groenewald and Hendrik Wilhelmus Groenewald must pay Kevin Mark

How much money was awarded in case 5011672?

Deoderising Carpet: $60.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Water Rates: $170.07 awarded to landlord

What type of tenancy dispute was case 5011672?

The dispute type was not classified.

Where can I read the official tribunal order for case 5011672?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11103015-Tenancy_Tribunal_Order.pdf.

19 Tahuna Minhinnick Drive, Glenbrook, Glenbrook 2679 Tenancy Tribunal Case 5011672 — Tenancy dispute

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19 Tahuna Minhinnick Drive, Glenbrook, Glenbrook 2679 Tenancy Tribunal Case 5011672 — Tenancy dispute | 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 5011672 — net $257.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates as at end of tenancy	$170.07	Water rates as at end of tenancy
Deoderising carpet	$60.00	Deoderising carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$257.07
Total payable by Tenant to Landlord	$257.07

Claims and awards for application 5011672 — net $257.07 NZD. Verify on MoJ.

Water rates as at end of tenancy

Amount: $170.07
Awarded to: Landlord
Reason: Water rates as at end of tenancy

Deoderising carpet

Amount: $60.00
Awarded to: Landlord
Reason: Deoderising carpet

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $257.07

Total payable by Tenant to Landlord

Landlord $257.07

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Wilma Groenewald and Hendrik Wilhelmus Groenewald must pay Kevin Mark Ferreira and Adri Ferreira $257.07 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. Mrs Groenewald stated that she had the authority to represent Mr Groenewald at today’s hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord’s supplied evidence showing the amounts owing for water and payments made towards the water by the tenants throughout the tenancy.
In the absence of any evidence to the contrary I accept this evidence and find that the tenants owe $170.07 in water charges.

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 landlords claim that the tenants did not leave the carpets reasonably clean and that the carpets had a strong odour of pets. They also say that the tenants agreed to have the carpets cleaned.
I accept that the tenants agreed to pay the cost of cleaning the carpets. However, s11 of the Residential Tenancies Act 1986 (RTA) provides that any agreement in respect of a tenancy which is inconsistent with the provisions of the RTA shall be of no effect.
The RTA requires tenants to leave carpets reasonably, not perfectly, clean.
I am not allowing the entire cost of cleaning the carpet because: (a) The note from the property manager only says that the carpets need professional cleaning. It does not say that the carpets were not left in a reasonably clean condition; and (b) I accept the photographs from the tenants showing that the carpet had been cleaned at the end of their tenancy and they show a carpet that looks reasonably clean.
I accept that the carpets had a pet odour because the property manager noted it at the end of tenancy inspection. I have estimated the cost of deoderising a carpet to be $60.00.

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.
It was undisputed that there was water damage to the carpets, walls and skirting boards during this tenancy.
The tenants say that this was caused by a leak in the roof.
However, I find that the tenants are liable to pay the $400.00 insurance excess for the repair of the water damage. I say this for reasons that include: (a) I accept that the washing machine had not been installed correctly which caused leakage of water. This was not disputed; and (b) Once the machine installation had been corrected the tenants did not advise the landlords of any subsequent leaking/water damage.
The landlords have a bond of $400.00 which covers the insurance excess cost. Filing fee reimbursement
I am ordering the tenants to reimburse the cost of filing this application to the landlords because the landlords have substantially succeeded with the claim against them. C ter Haar 20 November 2024

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 5011672 — net $257.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates as at end of tenancy	$170.07	Water rates as at end of tenancy
Deoderising carpet	$60.00	Deoderising carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$257.07
Total payable by Tenant to Landlord	$257.07

Claims and awards for application 5011672 — net $257.07 NZD. Verify on MoJ.

Water rates as at end of tenancy

Amount: $170.07
Awarded to: Landlord
Reason: Water rates as at end of tenancy

Deoderising carpet

Amount: $60.00
Awarded to: Landlord
Reason: Deoderising carpet

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $257.07

Total payable by Tenant to Landlord

Landlord $257.07

Claim types — money lines allowed on this order

Filing Fee Water Rates

Order

Wilma Groenewald and Hendrik Wilhelmus Groenewald must pay Kevin Mark Ferreira and Adri Ferreira $257.07 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. Mrs Groenewald stated that she had the authority to represent Mr Groenewald at today’s hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord’s supplied evidence showing the amounts owing for water and payments made towards the water by the tenants throughout the tenancy.
In the absence of any evidence to the contrary I accept this evidence and find that the tenants owe $170.07 in water charges.

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 landlords claim that the tenants did not leave the carpets reasonably clean and that the carpets had a strong odour of pets. They also say that the tenants agreed to have the carpets cleaned.
I accept that the tenants agreed to pay the cost of cleaning the carpets. However, s11 of the Residential Tenancies Act 1986 (RTA) provides that any agreement in respect of a tenancy which is inconsistent with the provisions of the RTA shall be of no effect.
The RTA requires tenants to leave carpets reasonably, not perfectly, clean.
I am not allowing the entire cost of cleaning the carpet because: (a) The note from the property manager only says that the carpets need professional cleaning. It does not say that the carpets were not left in a reasonably clean condition; and (b) I accept the photographs from the tenants showing that the carpet had been cleaned at the end of their tenancy and they show a carpet that looks reasonably clean.
I accept that the carpets had a pet odour because the property manager noted it at the end of tenancy inspection. I have estimated the cost of deoderising a carpet to be $60.00.

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.
It was undisputed that there was water damage to the carpets, walls and skirting boards during this tenancy.
The tenants say that this was caused by a leak in the roof.
However, I find that the tenants are liable to pay the $400.00 insurance excess for the repair of the water damage. I say this for reasons that include: (a) I accept that the washing machine had not been installed correctly which caused leakage of water. This was not disputed; and (b) Once the machine installation had been corrected the tenants did not advise the landlords of any subsequent leaking/water damage.
The landlords have a bond of $400.00 which covers the insurance excess cost. Filing fee reimbursement
I am ordering the tenants to reimburse the cost of filing this application to the landlords because the landlords have substantially succeeded with the claim against them. C ter Haar 20 November 2024

Tenancy Tribunal case 5011672 — Tenancy dispute at 19 Tahuna Minhinnick Drive, Glenbrook, Glenbrook 2679

At a glance

Tenancy Tribunal case 5011672 — Tenancy dispute at 19 Tahuna Minhinnick Drive, Glenbrook, Glenbrook 2679

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for 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

Frequently asked questions