What was the outcome of Tenancy Tribunal case 5067864?

The tribunal order states: Nicola Jayne Henderson also known as Nicola Jayne Duffell, must pay

How much money was awarded in case 5067864?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5067864?

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

Where can I read the official tribunal order for case 5067864?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11773638-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5067864?

The tribunal order states: Nicola Jayne Henderson also known as Nicola Jayne Duffell, must pay

How much money was awarded in case 5067864?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 5067864?

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

Where can I read the official tribunal order for case 5067864?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11773638-Tribunal_Order.pdf.

Unit/Flat Flat 2, 6 Bloomfield Place, Onerahi, Whangarei Tenancy Tribunal Case 5067864 — Cleanliness

Order

Nicola Jayne Henderson also known as Nicola Jayne Duffell, must pay Whangarei Real Estate Limited (T/A Harcourts Just Rentals) $1,680.00 from the bond, immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,680.00 (3232024-015) to Whangarei Real Estate Limited (T/A Harcourts Just Rentals) immediately.

Reasons

Mr Withers, representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 695, was called twice. Both calls went to voicemail. The hearing was adjourned in a Tribunal order dated 3 February 2025, with directions made by me to effect service on the tenant, which was completed. As such, the tenant is deemed to have been served so the hearing proceeded in her absence.
The landlord has applied for outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The tenancy ended on 3 June 2022. The landlord initially claimed $211.66 for water rates to the end of the tenancy but amended their claim for water rates to $144.38 during the hearing, as they had omitted to provide one of the water invoices relied upon. I find the landlord provided water invoices which prove that $144.38 is owing by the tenant for water rates to 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 said the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographs of the final inspection of the property, which showed the property was left in a very dirty condition. The photographs showed a dirty stove and oven, grimy areas beside the stove, dirty kitchen drawers and cupboards, visible marks on several doors and windowsills, stains and dirt left on carpets, including some green slime left on one of the bedroom carpets, extremely dirty light fittings, notable levels of dust on the skirting boards and other dirty areas in the house that required cleaning.
The landlord said there was extensive rubbish left by the tenant in the garden shed and provided photographs of the rubbish left and condition of the shed at the final inspection. The photographs showed multiple cans of paint, many personal belongings and other rubbish strewn throughout and around the shed area and outside generally.
The landlord claimed $603.50 to clean the interior of the property, $200.00 to have the carpets cleaned and $398.26 to remove the exterior rubbish left at the end of the tenancy, and provided invoices for all of these. Given the evidence of the condition of the property at the end of the tenancy, outlined above, I find the landlord has proved that it was likely the tenant did not leave the premises in a reasonably clean and tidy condition at the end of the tenancy. I also find the amounts claimed for cleaning, carpet cleaning and rubbish removal by the landlord are reasonable, given the evidence of the work required at the end of the tenancy.
Therefore, I award $603.50 to the landlord for cleaning the interior of the premises, $200.00 to the landlord for carpet cleaning and $398.26 to the landlord for rubbish removal.
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.
Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
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 landlord said that during the tenancy the tenant caused damage. The landlord said the tenant locked her dogs in the bathroom and the dogs tried to scrape and scratch through the bathroom floor vinyl to get out and damaged the bathroom vinyl. The landlord provided a photograph of the damaged bathroom vinyl, which was quite extensive.
The landlord said the tenant admitted her liability and what had occurred, and the owner made an insurance claim for the damage to the bathroom vinyl by the tenant’s dogs, incurring insurance excess of $550.00. The landlord provided confirmation of the insurance excess and showed a ledger indicating the tenant had paid $100.00 to the landlord towards the insurance excess cost. Therefore, the landlord claimed $450.00 for the remaining insurance excess incurred for this incident that damaged the bathroom floor vinyl.
Given the evidence, I find the damage to the bathroom floor vinyl was likely careless damage on the tenant’s part. As such, the provisions of section 49B RTA apply and compensation would be limited to the insurance excess here, which is $450.00.
Therefore, I award the landlord the remaining insurance excess cost claimed of $450.00.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Refund of the bond
The landlord said the tenant signed around 3 or 4 bond refund forms but that they were told by Tenancy Services that the tenant’s signatures differed on the forms, that the tenant’s last name was different in 2 of the forms and that Tenancy Services could not reach the tenant to confirm her signature. As such, the landlord said the Bond Centre would not release the bond to them.
The landlord provided a series of emails between them and the tenant after the tenancy ended, where the tenant confirmed that she was not disputing what the landlord indicated they claimed at the time.
The landlord said that, during discussions with the tenant about the bond, the owner said they would forego any amount claimed that was over the amount of bond held by the Bond Centre, which is $1,680.00. The landlord said at the hearing that the owner was still prepared to waive any amount claimed that exceeded the bond amount held.
As such, the Bond Centre is to pay the bond of $1,680.00 (3232024-015) to Whangarei Real Estate Limited (T/A Harcourts Just Rentals) immediately. Filing fee
Because Whangarei Real Estate Limited (T/A Harcourts Just Rentals) has been successful with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5067864 — Cleanliness at Unit/Flat Flat 2, 6 Bloomfield Place, Onerahi, Whangarei

Tenancy Tribunal case 5067864 — Cleanliness at Unit/Flat Flat 2, 6 Bloomfield Place, Onerahi, Whangarei

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?

Property management

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?

Property management