What was the outcome of Tenancy Tribunal case 5047808?

The tribunal order states: Anton Yam and Thelos Pulega must pay Five Am Property Management

How much money was awarded in case 5047808?

Cleaning: $500.25 awarded to landlord; Lawns and Garden Work: $253.00 awarded to landlord; Property Damage: $243.00 awarded to landlord; Lounge & Dining Room Walls: $795.23 awarded to landlord; Water Rates: $142.54 awarded to landlord

What type of tenancy dispute was case 5047808?

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

Where can I read the official tribunal order for case 5047808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11486910-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5047808?

The tribunal order states: Anton Yam and Thelos Pulega must pay Five Am Property Management

How much money was awarded in case 5047808?

Cleaning: $500.25 awarded to landlord; Lawns and Garden Work: $253.00 awarded to landlord; Property Damage: $243.00 awarded to landlord; Lounge & Dining Room Walls: $795.23 awarded to landlord; Water Rates: $142.54 awarded to landlord

What type of tenancy dispute was case 5047808?

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

Where can I read the official tribunal order for case 5047808?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11486910-Tribunal_Order.pdf.

18 Osprey Street, Pakuranga, Auckland 2010 Tenancy Tribunal Case 5047808 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5047808 — net $1,934.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to end of tenancy	$142.54	Water rates to end of tenancy
Lawns and Garden work	$253.00	Lawns and Garden work
Lock/key replacement	$243.00	Lock/key replacement
Cleaning	$500.25	Cleaning
Repairs: Lounge & dining room walls	$795.23	Repairs: Lounge & dining room walls
Net award	$1,934.02
Total payable by Tenant to Landlord	$1,934.02

Anton Yam and Thelos Pulega must pay Five Am Property Management Limited $1,934.02 immediately, calculated as shown in table below. DescriptionLandlord Water rates to end of tenancy$142.54 Lawns and Garden work$253.00 Lock/key replacement$243.00 Cleaning $500.25 Repairs: Lounge & dining room walls$795.23 Total award$1,934.02 Total payable by Tenant to Landlord$1,934.02

Reasons

Only the applicant landlord attended the hearing. The respondent tenants were called on three different numbers provided but there was no answer.

On 20 December 2024 the Tribunal ordered the tenant to pay rent arrears and adjourned the landlord’s claim for water charges and compensation.

The landlord has applied for water rates and compensation following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 19 December 2024. The landlord provided water records and water rates invoices which prove the amount owing at the end of the tenancy 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord claims that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord provided the exit inspection and photographs of the exterior of the premises and an invoice for lawns, garden work and a small amount of rubbish removal in the sum of $253.00. I am satisfied the exterior of the premises were not left reasonably clean and tidy and order the amount claimed.

The landlord provided the exit inspection and photographs of the interior of the premises and claims $1000.50 for move out clean, oven, wall wash and carpet steam clean.

It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. It is common that a landlord wishes to clean to an extra level so that they can re-tenant the premises, that is a business decision that a landlord makes at their cost.

Having considered the exit inspection report I am satisfied that much of the inside of these premises was left reasonably clean and tidy. However, I find that some additional cleaning including the oven hobs, the shower and toilet and the carpets was required. I have awarded one half of the invoice being $500.25 to be paid by the tenants towards this.

The tenant did not return the keys. An invoice for lock and key replacement has been provided.

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.

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.

The following damage was caused during the tenancy: Intentional damage to the lounge and dining room walls as result of multiple stick on hooks being used and removed and the paint tearing off at removal. The extent of the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. The landlord has provided entry and exit inspection photographs and an invoice for the repair.

Claims and awards in Tenancy Tribunal application 5047808 — net $1,934.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to end of tenancy	$142.54	Water rates to end of tenancy
Lawns and Garden work	$253.00	Lawns and Garden work
Lock/key replacement	$243.00	Lock/key replacement
Cleaning	$500.25	Cleaning
Repairs: Lounge & dining room walls	$795.23	Repairs: Lounge & dining room walls
Net award	$1,934.02
Total payable by Tenant to Landlord	$1,934.02

Order

Anton Yam and Thelos Pulega must pay Five Am Property Management Limited $1,934.02 immediately, calculated as shown in table below. DescriptionLandlord Water rates to end of tenancy$142.54 Lawns and Garden work$253.00 Lock/key replacement$243.00 Cleaning $500.25 Repairs: Lounge & dining room walls$795.23 Total award$1,934.02 Total payable by Tenant to Landlord$1,934.02

Reasons

Only the applicant landlord attended the hearing. The respondent tenants were called on three different numbers provided but there was no answer.
On 20 December 2024 the Tribunal ordered the tenant to pay rent arrears and adjourned the landlord’s claim for water charges and compensation.
The landlord has applied for water rates and compensation following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 19 December 2024. The landlord provided water records and water rates invoices which prove the amount owing at the end of the tenancy 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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord provided the exit inspection and photographs of the exterior of the premises and an invoice for lawns, garden work and a small amount of rubbish removal in the sum of $253.00. I am satisfied the exterior of the premises were not left reasonably clean and tidy and order the amount claimed.
The landlord provided the exit inspection and photographs of the interior of the premises and claims $1000.50 for move out clean, oven, wall wash and carpet steam clean.
It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. It is common that a landlord wishes to clean to an extra level so that they can re-tenant the premises, that is a business decision that a landlord makes at their cost.
Having considered the exit inspection report I am satisfied that much of the inside of these premises was left reasonably clean and tidy. However, I find that some additional cleaning including the oven hobs, the shower and toilet and the carpets was required. I have awarded one half of the invoice being $500.25 to be paid by the tenants towards this.
The tenant did not return the keys. An invoice for lock and key replacement has been provided.

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.
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.
The following damage was caused during the tenancy: Intentional damage to the lounge and dining room walls as result of multiple stick on hooks being used and removed and the paint tearing off at removal. The extent of the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. The landlord has provided entry and exit inspection photographs and an invoice for the repair.

Tenancy Tribunal case 5047808 — Property damage at 18 Osprey Street, Pakuranga, Auckland 2010

At a glance

Tenancy Tribunal case 5047808 — Property damage at 18 Osprey Street, Pakuranga, Auckland 2010

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

Property management

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

Property management

Frequently asked questions