What was the outcome of Tenancy Tribunal case 5176211?

The tribunal order states: Teresa Holtz must pay Rentals.Co.Nz Limited Acting As Agent For Laura King

How much money was awarded in case 5176211?

Cleaning: $2,260.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Plumber To Unblock The Toilet During…: $235.00 awarded to landlord; Property Damage: $395.60 awarded to landlord; Skip Hire: 2 X 9m3: $920.00 awarded to landlord; Property Damage: $207.83 awarded to landlord

What type of tenancy dispute was case 5176211?

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

Where can I read the official tribunal order for case 5176211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11790681-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5176211?

The tribunal order states: Teresa Holtz must pay Rentals.Co.Nz Limited Acting As Agent For Laura King

How much money was awarded in case 5176211?

Cleaning: $2,260.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Plumber To Unblock The Toilet During…: $235.00 awarded to landlord; Property Damage: $395.60 awarded to landlord; Skip Hire: 2 X 9m3: $920.00 awarded to landlord; Property Damage: $207.83 awarded to landlord

What type of tenancy dispute was case 5176211?

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

Where can I read the official tribunal order for case 5176211?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11790681-Tenancy_Tribunal_Order.pdf.

67A William Jones Drive, Otangarei, Whangarei 0112 Tenancy Tribunal Case 5176211 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5176211 — net $2,705.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Skip hire: 2 x 9m3	$920.00	Skip hire: 2 x 9m3
Lock/key replacement	$395.60	Lock/key replacement
Cleaning and removing belongings from the premises	$2,260.00	Cleaning and removing belongings from the premises
Window repairs: during the tenancy	$207.83	Window repairs: during the tenancy
Filing fee reimbursement	$27.00	Filing fee reimbursement
Plumber to unblock the toilet during the tenancy	$235.00	Plumber to unblock the toilet during the tenancy
Net award	$2,705.43
Total payable by Tenant to Landlord	$2,705.43

The landlord attended the hearing.

The tenancy ended on 13 January 2025. 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 water rates?

The landlord already has an order for water rates arrears. The claim for the latest water rates to the end of the tenancy was withdrawn.

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

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).

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.

There is a claim for cleaning and removing rubbish and belongings at the end of the tenancy. This is the landlord’s claim to prove. I have seen photos taken at the end of the tenancy. These show the tenant left belongings, furniture, appliances and rubbish in every room and outside. The cleaners removed everything, put it all in two of the largest skips, and then cleaned. The cost seems reasonable to me. The claim is proved and allowed. The cost of the two skips is also proved and allowed.

New locks and keys were required as part of the bailiff’s process. The claim is proved and allowed.

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 Nailed It invoice was not in the landlord’s application and it was not properly served on the tenant in accordance with the RTA. This invoice was not considered in the hearing.

There is a claim for repairing a broken window which was repaired during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim is proved and allowed.

There is a claim for a plumbing repair which was also carried out during the tenancy. I have seen text messages with the tenant where she agreed to pay the bill. The plumber was called because of a blocked toilet. There were problems clearing the blockage because the toilet was concreted to the floor and broke when the plumbers moved it. The bill includes the cost of buying and installing a new toilet.

With claims like this I have to take betterment and depreciation into account. The landlord should be returned to the position they would have been in had the tenant not breached her obligations and should not be better or worse off. It seems most likely to me the new toilet was a significant improvement on the one that was removed. It would be unfair to make the tenant pay for a new toilet.

I also have to consider if it was reasonably foreseeable to the tenant that the consequence of a blocked toilet was the cost of a new toilet. I find it was reasonably foreseeable that there would be a plumber’s bill. I have used the invoice to estimate an amount and allowed $100 for clearing the blocked toilet, $80 for labour and $25 for travel costs plus GST.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5176211 — net $2,705.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Skip hire: 2 x 9m3	$920.00	Skip hire: 2 x 9m3
Lock/key replacement	$395.60	Lock/key replacement
Cleaning and removing belongings from the premises	$2,260.00	Cleaning and removing belongings from the premises
Window repairs: during the tenancy	$207.83	Window repairs: during the tenancy
Filing fee reimbursement	$27.00	Filing fee reimbursement
Plumber to unblock the toilet during the tenancy	$235.00	Plumber to unblock the toilet during the tenancy
Net award	$2,705.43
Total payable by Tenant to Landlord	$2,705.43

Order

Teresa Holtz must pay Rentals.Co.Nz Limited Acting As Agent For Laura King $2,705.43 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,340.00 (3558110-022) to Rentals.Co.Nz Limited Acting As Agent For Laura King immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing.
The tenancy ended on 13 January 2025. 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 water rates?

The landlord already has an order for water rates arrears. The claim for the latest water rates to the end of the tenancy was withdrawn.

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

Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
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.
There is a claim for cleaning and removing rubbish and belongings at the end of the tenancy. This is the landlord’s claim to prove. I have seen photos taken at the end of the tenancy. These show the tenant left belongings, furniture, appliances and rubbish in every room and outside. The cleaners removed everything, put it all in two of the largest skips, and then cleaned. The cost seems reasonable to me. The claim is proved and allowed. The cost of the two skips is also proved and allowed.
New locks and keys were required as part of the bailiff’s process. The claim is proved and allowed.

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 Nailed It invoice was not in the landlord’s application and it was not properly served on the tenant in accordance with the RTA. This invoice was not considered in the hearing.
There is a claim for repairing a broken window which was repaired during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim is proved and allowed.
There is a claim for a plumbing repair which was also carried out during the tenancy. I have seen text messages with the tenant where she agreed to pay the bill. The plumber was called because of a blocked toilet. There were problems clearing the blockage because the toilet was concreted to the floor and broke when the plumbers moved it. The bill includes the cost of buying and installing a new toilet.
With claims like this I have to take betterment and depreciation into account. The landlord should be returned to the position they would have been in had the tenant not breached her obligations and should not be better or worse off. It seems most likely to me the new toilet was a significant improvement on the one that was removed. It would be unfair to make the tenant pay for a new toilet.
I also have to consider if it was reasonably foreseeable to the tenant that the consequence of a blocked toilet was the cost of a new toilet. I find it was reasonably foreseeable that there would be a plumber’s bill. I have used the invoice to estimate an amount and allowed $100 for clearing the blocked toilet, $80 for labour and $25 for travel costs plus GST.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5176211 — Cleanliness at 67A William Jones Drive, Otangarei, Whangarei 0112

At a glance

Tenancy Tribunal case 5176211 — Cleanliness at 67A William Jones Drive, Otangarei, Whangarei 0112

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for water rates?

Did the tenant comply with her 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

Dismissed claims

Order

Reasons

How much is owed for water rates?

Did the tenant comply with her 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