What was the outcome of Tenancy Tribunal case 5057909?

The tribunal order states: Stephanie Davina Stone Tanirau and James Edward Tanirau must pay Carol

How much money was awarded in case 5057909?

Cleaning: $283.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $125.00 awarded to landlord; Property Damage: $180.00 awarded to landlord; Tip Fees: $180.00 awarded to landlord; Whiteware Rubbish Disposal: $60.00 awarded to landlord

What type of tenancy dispute was case 5057909?

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

Where can I read the official tribunal order for case 5057909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11170134-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5057909?

The tribunal order states: Stephanie Davina Stone Tanirau and James Edward Tanirau must pay Carol

How much money was awarded in case 5057909?

Cleaning: $283.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $125.00 awarded to landlord; Property Damage: $180.00 awarded to landlord; Tip Fees: $180.00 awarded to landlord; Whiteware Rubbish Disposal: $60.00 awarded to landlord

What type of tenancy dispute was case 5057909?

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

Where can I read the official tribunal order for case 5057909?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11170134-Tenancy_Tribunal_Order.pdf.

12 Fytfield Place, Paraparaumu, Paraparaumu 5032 Tenancy Tribunal Case 5057909 — Cleanliness

Order

Stephanie Davina Stone Tanirau and James Edward Tanirau must pay Carol Anne Exton and Brent Hugh Rose and Susan Kathleen Extoas as trustees of the Carol Exton Family Trust, $1,055.00 immediately, calculated as shown in table below. DescriptionLandlord Window repairs$125.00 Carpet Cleaning$283.00 Cleaning$200.00 Tip Fees$180.00 Whiteware rubbish disposal$60.00 Lock/key replacement$180.00 Filing fee reimbursement$27.00 Total payable by Tenant to Landlord$1,055.00

Reasons

Claims and awards in Tenancy Tribunal application 5057909 — net $1,055.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$125.00	Window repairs
Carpet Cleaning	$283.00	Carpet Cleaning
Cleaning	$200.00	Cleaning
Tip Fees	$180.00	Tip Fees
Whiteware rubbish disposal	$60.00	Whiteware rubbish disposal
Lock/key replacement	$180.00	Lock/key replacement
Filing fee reimbursement	$27.00	cause the landlord has been wholly successful with the claim, the filing fee of $27.00 is ordered. B Smallbone 04 December 2024 _______________________________…
Net award	$1,055.00
Total payable by Tenant to Landlord	$1,055.00

The landlord appeared in person. Stephanie Tanirau was given the opportunity to appear by teleconference. She appeared briefly by phone but was out of control and could not participate productively. James Tanirau did not appear.

The landlord has applied compensation and reimbursement of the filing fee following the end of the tenancy.

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 landlord provided photos of the condition of the premises at the end of the tenancy. The photos show that the tenants left the premises in a filthy condition. No area of the house and property was left reasonably clean and tidy. There was a considerable amount of rubbish to be removed. The carpets were badly stained. The filthy condition is largely due to the tenant allowing birds to free range in the premises. Despite best cleaning efforts, the landlord is still living with the smell of this tenancy.

The amount that landlord has claimed is a small fraction of the actual loss. If for any reason there was a rehearing of this claim the landlord would be entitled to increase the amount claimed to reflect the actual loss resulting from the tenants’ actions. For example, the landlord could claim her considerable time cleaning at $25.00 per hour.

The landlord needed to have replacement keys cut.

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.

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 introduction of birds to free range in the premises is intentional damage because the tenants did something and allowed a situation to continue, knowing that damage was a certainty.

Apart from damage done by the birds, there were several windows broken during the tenancy. One window was broken as Ms Tanirau was attempting to make a bird perch inside the house.

The damage that landlord has claimed for is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The claim is for one window although several were broken. The landlord has not claimed the cost of replacing doors that have holes in. The application generous regarding the claim for damage. If this case was reheard for any reason, the landlord could amend her claim to include these other losses.

The amounts ordered are proved. The tenants

Stephanie Tanirau stated that James Tanirau had not been contacted for the hearing. She said that she had taken out a protection order against him and he should have been removed from the tenancy long before it ended. However the landlord said that despite several requests, Stephanie Tanirau did not produce evidence of a protection order during the tenancy.

Stephanie Tanirau and James Tanirau were both tenants at the property and both have responsibility for its poor condition. Because Stephanie Tanirau occupied the property immediately before the owner took possession, she would always be liable for the losses associated with her living there. Filing Fee

Because the landlord has been wholly successful with the claim, the filing fee of $27.00 is ordered.

Claims and awards in Tenancy Tribunal application 5057909 — net $1,055.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Window repairs	$125.00	Window repairs
Carpet Cleaning	$283.00	Carpet Cleaning
Cleaning	$200.00	Cleaning
Tip Fees	$180.00	Tip Fees
Whiteware rubbish disposal	$60.00	Whiteware rubbish disposal
Lock/key replacement	$180.00	Lock/key replacement
Filing fee reimbursement	$27.00	cause the landlord has been wholly successful with the claim, the filing fee of $27.00 is ordered. B Smallbone 04 December 2024 _______________________________…
Net award	$1,055.00
Total payable by Tenant to Landlord	$1,055.00

Order

Reasons

The landlord appeared in person. Stephanie Tanirau was given the opportunity to appear by teleconference. She appeared briefly by phone but was out of control and could not participate productively. James Tanirau did not appear.
The landlord has applied compensation and reimbursement of the filing fee following the end of the tenancy.

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 landlord provided photos of the condition of the premises at the end of the tenancy. The photos show that the tenants left the premises in a filthy condition. No area of the house and property was left reasonably clean and tidy. There was a considerable amount of rubbish to be removed. The carpets were badly stained. The filthy condition is largely due to the tenant allowing birds to free range in the premises. Despite best cleaning efforts, the landlord is still living with the smell of this tenancy.
The amount that landlord has claimed is a small fraction of the actual loss. If for any reason there was a rehearing of this claim the landlord would be entitled to increase the amount claimed to reflect the actual loss resulting from the tenants’ actions. For example, the landlord could claim her considerable time cleaning at $25.00 per hour.
The landlord needed to have replacement keys cut.
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.
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 introduction of birds to free range in the premises is intentional damage because the tenants did something and allowed a situation to continue, knowing that damage was a certainty.
Apart from damage done by the birds, there were several windows broken during the tenancy. One window was broken as Ms Tanirau was attempting to make a bird perch inside the house.
The damage that landlord has claimed for is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The claim is for one window although several were broken. The landlord has not claimed the cost of replacing doors that have holes in. The application generous regarding the claim for damage. If this case was reheard for any reason, the landlord could amend her claim to include these other losses.
The amounts ordered are proved. The tenants
Stephanie Tanirau stated that James Tanirau had not been contacted for the hearing. She said that she had taken out a protection order against him and he should have been removed from the tenancy long before it ended. However the landlord said that despite several requests, Stephanie Tanirau did not produce evidence of a protection order during the tenancy.
Stephanie Tanirau and James Tanirau were both tenants at the property and both have responsibility for its poor condition. Because Stephanie Tanirau occupied the property immediately before the owner took possession, she would always be liable for the losses associated with her living there. Filing Fee
Because the landlord has been wholly successful with the claim, the filing fee of $27.00 is ordered.

Tenancy Tribunal case 5057909 — Cleanliness at 12 Fytfield Place, Paraparaumu, Paraparaumu 5032

At a glance

Tenancy Tribunal case 5057909 — Cleanliness at 12 Fytfield Place, Paraparaumu, Paraparaumu 5032

At a glance

Award balance

Claims & awards

Order

Reasons

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

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