What was the outcome of Tenancy Tribunal case 5039808?

The tribunal order states: Sean Turner and Shenee Stamper must pay Team Group Rentals Limited As

How much money was awarded in case 5039808?

Cleaning: $293.17 awarded to landlord; Cleaning: $1,420.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,242.85 awarded to landlord

What type of tenancy dispute was case 5039808?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5039808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11390838-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5039808?

The tribunal order states: Sean Turner and Shenee Stamper must pay Team Group Rentals Limited As

How much money was awarded in case 5039808?

Cleaning: $293.17 awarded to landlord; Cleaning: $1,420.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,242.85 awarded to landlord

What type of tenancy dispute was case 5039808?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5039808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11390838-Tenancy_Tribunal_Order.pdf.

1122A Paekakariki Hill Road, Paekakariki Hill, Porirua 5381 Tenancy Tribunal Case 5039808 — Cleanliness

Claims and awards in Tenancy Tribunal application 5039808 — net $2,983.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23/8/24	$1,242.85	Rent arrears to 23/8/24
Carpet Cleaning	$293.17	Carpet Cleaning
Cleaning: - curtains	$1,420.00	Cleaning: - curtains
Filing fee reimbursement	$27.00	andlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Suppression
Net award	$2,983.02
Total payable by Tenant to Landlord	$2,983.02

Order

Sean Turner and Shenee Stamper must pay Team Group Rentals Limited As Agent For Don Forsyth $2,983.02 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord attended by MS teams and the tenant, Ms Stamper attended by phone, on behalf of both tenants.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that:... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.”

How much is owed for rent?

The tenancy ended on 23 August 2024.
The landlord provided rent records which prove the amount owing to this date is $1,242.85 (after deduction of the bond which has been paid to the landlord) and I make an order for the full amount claimed.

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. 1
The tenant has signed a pet agreement acknowledging that “where a pet has been permitted inside the property, the carpets must be left reasonably clean and tidy and if the tenanted property is left below that standard, the carpets may have to be commercially cleaned, and/or pest treated and/or odours removed to achieve the standard”.
The landlord says the tenant did not leave the premises reasonably clean and tidy at the end of the tenancy. 1 See section 40(1)(e) Residential Tenancies Act 1986.
The landlord says the premises smelled heavily of pet urine.
The landlord seeks - a. carpet cleaning costs of $293.17 and b. curtain cleaning costs of $1,420.00 in relation to three bedrooms.
The landlord says this cleaning was required to remove the pet urine smell. The landlord says the curtains and carpets were new in mid-2023.
The carpet cleaning invoice said: Please note there is extensive pet staining and odour to all rooms including drapes. This will be not be removed with general cleaning & would require a specialized cleaning process.”
The tenant opposes these costs being ordered.
The tenant’s had two large dogs, a Labrador and a Mastiff.
The tenant says the dogs were house trained and they did not have an issue with pet urine.
The tenant says the premises is a rural farmhouse near an open dirt track, implying, as I understand it, that some smell from animals should be expected.
The tenant also raised that there was a delay between the tenancy ending and the cleaning. The landlord responded by outlining the time frame in which the premises was inspected and cleaned and I am satisfied that the delay (of about 1 month is not material as there was no one living in the premises during this time).
The tenant was also concerned that photographs taken under a UV black light were provided in the hearing and that the other tenant had not had an opportunity to review the photographs.
I consider the photographs only confirm the landlord’s oral evidence and the carpet cleaning invoice statement above, both of which I give greater weight to.
I am satisfied on the evidence that the carpet and curtain cleaning was more than likely required to remove the smell of urine.
I note that the carpet cleaning invoice refers to the odour being in all rooms. I therefore consider is likely the curtains in all the rooms required cleaning.
I have also considered whether or not there should be a reduction in the amount ordered to reflect the nature of the property, being rural and near farmland, however I am not satisfied that this exacerbated the odour.
Accordingly, I make an order for the full amount claimed in respect of both carpet cleaning and curtain cleaning. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Suppression
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 2
The landlord, as the successful party, did not seek name suppression.
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 3
The tenants sought name suppression. I have considered the tenant’s interests however I consider there is a public interest in publication and decline to grant name suppression for the tenants.

Claims and awards in Tenancy Tribunal application 5039808 — net $2,983.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 23/8/24	$1,242.85	Rent arrears to 23/8/24
Carpet Cleaning	$293.17	Carpet Cleaning
Cleaning: - curtains	$1,420.00	Cleaning: - curtains
Filing fee reimbursement	$27.00	andlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Suppression
Net award	$2,983.02
Total payable by Tenant to Landlord	$2,983.02

Order

Sean Turner and Shenee Stamper must pay Team Group Rentals Limited As Agent For Don Forsyth $2,983.02 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord attended by MS teams and the tenant, Ms Stamper attended by phone, on behalf of both tenants.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that:... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.”

How much is owed for rent?

The tenancy ended on 23 August 2024.
The landlord provided rent records which prove the amount owing to this date is $1,242.85 (after deduction of the bond which has been paid to the landlord) and I make an order for the full amount claimed.

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. 1
The tenant has signed a pet agreement acknowledging that “where a pet has been permitted inside the property, the carpets must be left reasonably clean and tidy and if the tenanted property is left below that standard, the carpets may have to be commercially cleaned, and/or pest treated and/or odours removed to achieve the standard”.
The landlord says the tenant did not leave the premises reasonably clean and tidy at the end of the tenancy. 1 See section 40(1)(e) Residential Tenancies Act 1986.
The landlord says the premises smelled heavily of pet urine.
The landlord seeks - a. carpet cleaning costs of $293.17 and b. curtain cleaning costs of $1,420.00 in relation to three bedrooms.
The landlord says this cleaning was required to remove the pet urine smell. The landlord says the curtains and carpets were new in mid-2023.
The carpet cleaning invoice said: Please note there is extensive pet staining and odour to all rooms including drapes. This will be not be removed with general cleaning & would require a specialized cleaning process.”
The tenant opposes these costs being ordered.
The tenant’s had two large dogs, a Labrador and a Mastiff.
The tenant says the dogs were house trained and they did not have an issue with pet urine.
The tenant says the premises is a rural farmhouse near an open dirt track, implying, as I understand it, that some smell from animals should be expected.
The tenant also raised that there was a delay between the tenancy ending and the cleaning. The landlord responded by outlining the time frame in which the premises was inspected and cleaned and I am satisfied that the delay (of about 1 month is not material as there was no one living in the premises during this time).
The tenant was also concerned that photographs taken under a UV black light were provided in the hearing and that the other tenant had not had an opportunity to review the photographs.
I consider the photographs only confirm the landlord’s oral evidence and the carpet cleaning invoice statement above, both of which I give greater weight to.
I am satisfied on the evidence that the carpet and curtain cleaning was more than likely required to remove the smell of urine.
I note that the carpet cleaning invoice refers to the odour being in all rooms. I therefore consider is likely the curtains in all the rooms required cleaning.
I have also considered whether or not there should be a reduction in the amount ordered to reflect the nature of the property, being rural and near farmland, however I am not satisfied that this exacerbated the odour.
Accordingly, I make an order for the full amount claimed in respect of both carpet cleaning and curtain cleaning. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee of $27.00. Suppression
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 2
The landlord, as the successful party, did not seek name suppression.
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 3
The tenants sought name suppression. I have considered the tenant’s interests however I consider there is a public interest in publication and decline to grant name suppression for the tenants.

Tenancy Tribunal case 5039808 — Cleanliness at 1122A Paekakariki Hill Road, Paekakariki Hill, Porirua 5381

At a glance

Tenancy Tribunal case 5039808 — Cleanliness at 1122A Paekakariki Hill Road, Paekakariki Hill, Porirua 5381

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions