Tenant Ordered to Pay Cleaning and Damages

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[2025] NZTT 5117532

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] As Agent For [NAME] $841.31, calculated as shown in table below. The remainder of the landlord claims are dismissed.

Description Landlord Tenant Balance of bond $355.75 Cleaning $400.00 Lawns and Garden work $350.00 Rubbish removal: (1/2 of $734.16) $367.08 2 chairs $200.00 Replace sleepout door handle $52.98 Compensation: Failure to provide premises in a reasonable state of repair

$200.00

Filing fee reimbursement $27.00 Total award $1,397.06 $555.75 Net award $841.31 Total payable by Tenant to Landlord $841.31

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Reasons:

1. Both parties attended the hearing which took place by teleconference.

2. This tenancy began in December 2022 and ended in October 2024.

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

4. The parties advised that the bond has already been refunded and mostly applied towards rent arrears. There is a balance of $355.75 which is applied to reduce the tenant debt today.

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

5. 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.

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

7. The tenant stated that he cleaned the premises but agreed that some further cleaning was required in particular in the sleep out, the tenant agreed that the lawns needed mowing. The landlord provided exit photographs and invoices in support of the claim. Having considered the evidence I find that the tenant did clean the premises, but some further cleaning was required to leave the premises reasonably clean and tidy but not a full house clean as invoiced. I order the tenant to contribute $400.00 towards the cost of cleaning and to pay the lawnmowing in the sum of $350.00.

8. In respect of rubbish the tenant advised that there was rubbish at the premises before the tenancy began and he had assisted the owner with removing this during the tenancy by helping load a skip and had received no compensation. The tenant claimed there was still some of the owner’s rubbish on the deck, in particular an old couch. He accepted that some tenant rubbish was left behind at the end of the tenancy. The landlord provided photographs and two rubbish removal invoices totalling $743.16. Having considered the evidence I accept that the tenant had assisted the owner with rubbish removal and that not all rubbish belonged to the tenancy. Taking this in to account I find it appropriate to order the tenant to reimburse half of the rubbish removal costs at the end of the tenancy.

9. The landlord withdrew a claim in respect of missing lightbulbs as the tenant advised that there were electrical problems during this tenancy and there were lights that did not work at the premises.

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10. The following chattels were missing at the end of the tenancy: Two wooden dining chairs. The landlord sought $1650.00 for replacement cost. The tenant stated that he had no knowledge of the whereabouts of these chairs. The landlord could not provide an accurate age of the chairs but advised that they were at least five years old, they have not been replaced and the landlord only provided one quote for items that are not identical in support of the claim. As the items are old and only one quote for replacement is provided the Tribunal must take a cautious approach when ordering compensation. The amount of $100.00 per chair totalling $200.00 is ordered.

Is the tenant responsible for the damage to the premises?

11. 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.

12. 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.

13. 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.

14. The landlord claimed the following damage was caused during the tenancy: damage to door fixtures, damage to walls and curtains, damage to kitchen cabinetry.

15. The tenant accepts liability for damage to the sleepout door handle caused by his son but disputes the remaining claims on the basis that the premises were old and the damage to the walls, curtains and other door handles was present at the beginning of the tenancy and the kitchen cabinets were old and the draws were loose and the fronts fell off.

16. The landlord provided entry and exit inspection reports including photographs and invoices.

17. Having carefully considered the evidence including the age and condition of these premises at the beginning of the tenancy I find that that the landlord has not proved on the balance of probabilities that the damage was more than fair wear and tear.

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18. The tenant is ordered to pay the sum of $52.98 to repair the sleepout door.

19. The remainder of the landlord claims are dismissed.

20. I have taken into account betterment and depreciation. 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 the items at the start of the tenancy and their likely useful lifespan.

Tenant set off claim

21. The tenant sought a set off against the landlord claim on the basis that when he moved into the premises the toilet in one bathroom did not work and this was not repaired in a timely manner. The landlord confirmed that their records showed that the toilet was repaired two months after the tenancy began.

22. Having considered the tenant set off claim I find that the tenant has proved that the landlord failed to provide one bathroom in the premises in a reasonable state of repair and order the sum of $200.00 being $100.00 per month for the two months that the toilet was unusable to be set off against the amount owed by the tenant.

23. The parties advised that they will discuss a repayment arrangement following the hearing.

Filing fee

24. [COMPANY] As Agent For [NAME] has substantially succeeded with the claim I have reimbursed the filing fee.

[NAME]

13 May 2025

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: