What was the outcome of Tenancy Tribunal case 5092728?

The tribunal order states: Tracey Janet Ngahina Haines must pay Eves Realty Limited $2,928.43

How much money was awarded in case 5092728?

Cleaning: $180.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Property Damage: $1,650.00 awarded to landlord; Rent Arrears: $2,811.43 awarded to landlord

What type of tenancy dispute was case 5092728?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5092728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11634410-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5092728?

The tribunal order states: Tracey Janet Ngahina Haines must pay Eves Realty Limited $2,928.43

How much money was awarded in case 5092728?

Cleaning: $180.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $80.00 awarded to landlord; Property Damage: $1,650.00 awarded to landlord; Rent Arrears: $2,811.43 awarded to landlord

What type of tenancy dispute was case 5092728?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5092728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11634410-Tenancy_Tribunal_Order.pdf.

15 Reservoir Street, Putaruru, Putaruru 3411 Tenancy Tribunal Case 5092728 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 5092728 — net $2,928.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 November 2024	$2,811.43	Rent arrears to 6 November 2024
Cleaning	$100.00	Cleaning
Lawns and garden work	$80.00	Lawns and garden work
Carpet Cleaning	$180.00	Carpet Cleaning
Carpet replacement (insurance excess – depreciated	$1,650.00	Carpet replacement (insurance excess – depreciated
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,928.43
Total payable by Tenant to Landlord	$2,928.43

Only the landlord attended the hearing, represented by Ms Tresidder. The hearing was held by phone. Two calls were placed to the tenant on the number provided but both calls were disconnected.

I am satisfied the tenant has been served with the landlord’s application in accordance with the provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the tenant’s absence.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord said that the tenant did not leave the property reasonably clean and tidy. The landlord said that at the end of the tenancy further cleaning was required, the lawns were not mown and the garden was not left tidy.

The landlord provided the following invoices: a. Invoice for “End of Tenancy Cleaning” in the amount of $685.00; and b. Invoice for mow and remove green waste (3hrs) in the amount of $190.00.

Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy (ss 40(1)(c) and (e)(iii) RTA).

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

Having reviewed the photos I consider that the tenant did a reasonably good job of cleaning the property, but there were some areas that required additional cleaning to return the property to the “reasonably clean and tidy” condition. The main areas appear to be the shower, stove top and oven. I award cleaning in the amount of $100.00 for cleaning these items.

The photos of the lawns showed that the lawns needed mowing and the garden needed some tidying. I consider that the amount of $80.00 is reasonable to return the garden to the “reasonably tidy” condition. The tenant is required to do no more than that.

The landlord explained that specialist carpet cleaning was required because there were numerous urine stains in three of the bedrooms and in the hallway. The landlord explained that the landlord had permitted the tenant to keep two dogs on the basis that they remained outside but it appears that they have been allowed indoors.

The landlord said that the carpet was new when the owner purchased the property in May 2022 and the tenant was the first tenant to live in the property. The landlord could not locate a copy of the initial inspection report but produced an inspection dated June 2023 which shows the carpet in good condition and records no issues at that stage.

The landlord produced photos taken by JAE with a blue light showing numerous stains in three of the bedrooms and in the hallway.

The landlord produced an invoice for “3 x bdrm shampoo steam clean” in the amount of $180.00.

I consider that the landlord has proved on the balance of probabilities that the carpets were not left reasonably clean and tidy. It was reasonable for the landlord to shampoo and steam clean the carpet.

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 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. See section 49B(3)(a) RTA.

The landlord said that after shampooing the carpet the smell remained and so they contacted JAE who provided a report (which included the photos referred to above). The report recorded that the carpet was not restorable. The landlord advised that the smell could not be removed and that both the carpet and underlay had to be replaced as the urine has also soaked into the underlay.

The landlord has claimed against their insurance policy for the replacement of the carpet in three bedrooms and the hallway. The insurer has applied four excess amounts of $550.00 each, so the excess payable by the landlord is $2200.00. The landlord seeks to recover this amount from the tenant.

Having reviewed the evidence I find that the damage to the carpet occurred during the tenancy and is more than fair wear and tear. This claim is proved.

Some depreciation is required however as the carpet was two years old and has now been replaced with new carpet. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off.

In calculating depreciation, I have taken into account the age and condition of carpet at the start of the tenancy and the estimated lifespan of carpet as set out in the current IRD depreciation schedules (residential chattels), being 8 years.

I therefore order compensation in the amount of $1,650.00 for the carpet. Filing fee and name suppression

Because Eves Realty Limited has substantially succeeded with the claim I have reimbursed the filing fee of $27.00.

The landlord did not seek an order for name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 5092728 — net $2,928.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 November 2024	$2,811.43	Rent arrears to 6 November 2024
Cleaning	$100.00	Cleaning
Lawns and garden work	$80.00	Lawns and garden work
Carpet Cleaning	$180.00	Carpet Cleaning
Carpet replacement (insurance excess – depreciated	$1,650.00	Carpet replacement (insurance excess – depreciated
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,928.43
Total payable by Tenant to Landlord	$2,928.43

Only the landlord attended the hearing, represented by Ms Tresidder. The hearing was held by phone. Two calls were placed to the tenant on the number provided but both calls were disconnected.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6 November 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord provided the following invoices: a. Invoice for “End of Tenancy Cleaning” in the amount of $685.00; and b. Invoice for mow and remove green waste (3hrs) in the amount of $190.00.

The landlord produced photos taken by JAE with a blue light showing numerous stains in three of the bedrooms and in the hallway.

The landlord produced an invoice for “3 x bdrm shampoo steam clean” in the amount of $180.00.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

Having reviewed the evidence I find that the damage to the carpet occurred during the tenancy and is more than fair wear and tear. This claim is proved.

I therefore order compensation in the amount of $1,650.00 for the carpet. Filing fee and name suppression

Because Eves Realty Limited has substantially succeeded with the claim I have reimbursed the filing fee of $27.00.

The landlord did not seek an order for name suppression.

Tenancy Tribunal case 5092728 — Rent arrears at 15 Reservoir Street, Putaruru, Putaruru 3411

At a glance

Tenancy Tribunal case 5092728 — Rent arrears at 15 Reservoir Street, Putaruru, Putaruru 3411

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?

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 rent?

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