What was the outcome of Tenancy Tribunal case 4563675?

The tribunal order states: The Bond Centre is to pay the bond of $2,198.98 (6227078-009) to Star

How much money was awarded in case 4563675?

Cleaning: $100.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Plastering And Painting: $560.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rent Arrears: $1,071.43 awarded to landlord; Water Rates: $87.55 awarded to landlord

What type of tenancy dispute was case 4563675?

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

Where can I read the official tribunal order for case 4563675?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10133519-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4563675?

The tribunal order states: The Bond Centre is to pay the bond of $2,198.98 (6227078-009) to Star

How much money was awarded in case 4563675?

Cleaning: $100.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Plastering And Painting: $560.00 awarded to landlord; Property Damage: $80.00 awarded to landlord; Rent Arrears: $1,071.43 awarded to landlord; Water Rates: $87.55 awarded to landlord

What type of tenancy dispute was case 4563675?

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

Where can I read the official tribunal order for case 4563675?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10133519-Tribunal_Order.pdf.

Unit/Flat Flat 18, 45A Swanson Road, Henderson, Auckland Tenancy Tribunal Case 4563675 — Rent arrears

Claims and awards in Tenancy Tribunal application 4563675. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 March 2023	$1,071.43	Rent arrears to 24 March 2023
Water rates	$87.55	Water rates
Cleaning	$300.00	Cleaning
Carpet Cleaning	$100.00	Carpet Cleaning
Plastering and painting	$560.00	Plastering and painting
Replacement light	$80.00	Replacement light

Order

The Bond Centre is to pay the bond of $2,198.98 (6227078-009) to Star Property Management Limited immediately. The Bond Centre is to pay the bond of $801.02 (6227078-009) to Michelle Luana Hulbert and Jayde Maniapoto immediately.

Reasons

Both parties attended the hearing. The landlord was represented by Ms Tendulkar and Ms Nagula. Ms Hulbert appeared in person together with a support person. Ms Hulbert’s daughter, Ms Maniapoto, was no longer living in the tenancy when the tenancy ended.
The landlord has applied for rent and water arrears together with compensation for various cleaning and damage, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This is the landlord’s claim and so the onus is on the landlord to prove their claim to the civil standard, that is, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 7 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
Ms Hulbert reviewed the landlord’s rent statement and water invoices at the hearing.
The landlord’s rent statement shows that a rent payment was missed on 24 April 2023 (causing arrears of $750.00) and that no rent was paid for the last three days of the tenancy ($321.43), so that there are total arrears of $1,071.43.
The landlord’s water invoices show and outstanding amount of $87.55.
Ms Hulbert confirmed that both amounts are owing and I have therefore made orders for payment of the rent and water arrears by consent.

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.
Although Ms Hulbert made every effort to leave the property in good condition she left in difficult circumstances as she was heavily pregnant and a family member who had intended to help became unwell. The property was not left up to the required standard.
I have reviewed the ingoing and outgoing photos to determine the level of cleaning required. A tenant only needs to leave a property reasonably clean and tidy. They do not need to leave a property in an absolutely spotless condition ready for a new tenant to move into. It is to be expected that a landlord will have some additional cleaning to do in between tenants, particularly after a tenancy of two years (as was the case with this tenancy).
The landlord has produced an invoice for cleaning in the amount of $780.00 (excluding GST). I am conscious that this is a reasonably large property but even taking that into account I consider that a reasonably large portion of that invoice represents cleaning done to get the property ready for a new tenant to move into. I estimate that the amount of the invoice to get the property to a “reasonably clean and tidy condition” to be $300.00. I therefore order compensation of that amount.
The landlord also sought the sum of $320.00 (excluding GST) for vacuuming and cleaning the carpet.
I have carefully reviewed the ingoing and outgoing inspection reports. There are some marks on the carpet and I accept that some plastering was required in one of the rooms (due to careless damage caused by the tenant) which meant that additional carpet cleaning was required. However I did not consider that there is any basis on which the tenant should be liable for a complete carpet clean throughout the house. I consider that compensation of $100.00 is appropriate.

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.
The landlord has claimed the sum of $80.00 for replacing a light, which the tenant accepts was broken. The landlord provided an invoice for this amount. I order compensation of $80.00 for the light.
The landlord also claimed compensation for a screen door. However I was not provided with evidence showing the damage. The tenant did accept that an insect screen that could be pulled across the door had broken but said that it already had a tear in it when she moved in and says that any additional damage is likely fair wear and tear. This claim is not proven and is dismissed.
The landlord has also claimed the sum of $1,120 for repairing damaged walls in the lounge, painting of downstairs corridor door and upstairs bedroom door and painting the laundry and garage area.
Ms Hulbert accepted that there was damage in the lounge. She explained that she moved a couch which had a metal rod on the back which caused holes in the jib behind. She replastered the area but accepted that further plastering work was likely required and painting.
I note from the ingoing and outgoing photos that there were also marks on the other lounge wall that I consider to be more than fair wear and tear. The landlord is entitled to compensation for both walls in the lounge.
Ms Hulbert also accepted that two doors required painting. There was damage to both doors and so she replaced them but was unable to paint them. The landlord is entitled to compensation for painting the doors.
Ms Hulbert did not accept that there was any damage to the laundry and garage area. The landlord did not provide any photos proving the damage and so I am unable to find this claim proven.
The invoice does not provide a breakdown of the various repairs and painting and so it is necessary for me to make the best estimation I can given the information that I have. I consider that the repair and painting of the walls in the lounge and painting of the doors likely represent close to 2/3 of the total amount claimed.
However I must also take 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. The landlord now has newly painted doors and walls in the lounge. I therefore consider that slightly less than half of the invoice to be appropriate compensation, and order compensation in the amount of $560.00. Additional claims
In their application the landlord has also included claims for replacement keys and bedroom window glass but these claims were withdrawn at the hearing. Filing fee and name suppression
As the landlord has been only partially successful, I have not refunded the filing fee.
No orders were sought for name suppression.

Claims and awards in Tenancy Tribunal application 4563675. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 24 March 2023	$1,071.43	Rent arrears to 24 March 2023
Water rates	$87.55	Water rates
Cleaning	$300.00	Cleaning
Carpet Cleaning	$100.00	Carpet Cleaning
Plastering and painting	$560.00	Plastering and painting
Replacement light	$80.00	Replacement light

Order

The Bond Centre is to pay the bond of $2,198.98 (6227078-009) to Star Property Management Limited immediately. The Bond Centre is to pay the bond of $801.02 (6227078-009) to Michelle Luana Hulbert and Jayde Maniapoto immediately.

Reasons

Both parties attended the hearing. The landlord was represented by Ms Tendulkar and Ms Nagula. Ms Hulbert appeared in person together with a support person. Ms Hulbert’s daughter, Ms Maniapoto, was no longer living in the tenancy when the tenancy ended.
The landlord has applied for rent and water arrears together with compensation for various cleaning and damage, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
This is the landlord’s claim and so the onus is on the landlord to prove their claim to the civil standard, that is, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 7 June 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
Ms Hulbert reviewed the landlord’s rent statement and water invoices at the hearing.
The landlord’s rent statement shows that a rent payment was missed on 24 April 2023 (causing arrears of $750.00) and that no rent was paid for the last three days of the tenancy ($321.43), so that there are total arrears of $1,071.43.
The landlord’s water invoices show and outstanding amount of $87.55.
Ms Hulbert confirmed that both amounts are owing and I have therefore made orders for payment of the rent and water arrears by consent.

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.
Although Ms Hulbert made every effort to leave the property in good condition she left in difficult circumstances as she was heavily pregnant and a family member who had intended to help became unwell. The property was not left up to the required standard.
I have reviewed the ingoing and outgoing photos to determine the level of cleaning required. A tenant only needs to leave a property reasonably clean and tidy. They do not need to leave a property in an absolutely spotless condition ready for a new tenant to move into. It is to be expected that a landlord will have some additional cleaning to do in between tenants, particularly after a tenancy of two years (as was the case with this tenancy).
The landlord has produced an invoice for cleaning in the amount of $780.00 (excluding GST). I am conscious that this is a reasonably large property but even taking that into account I consider that a reasonably large portion of that invoice represents cleaning done to get the property ready for a new tenant to move into. I estimate that the amount of the invoice to get the property to a “reasonably clean and tidy condition” to be $300.00. I therefore order compensation of that amount.
The landlord also sought the sum of $320.00 (excluding GST) for vacuuming and cleaning the carpet.
I have carefully reviewed the ingoing and outgoing inspection reports. There are some marks on the carpet and I accept that some plastering was required in one of the rooms (due to careless damage caused by the tenant) which meant that additional carpet cleaning was required. However I did not consider that there is any basis on which the tenant should be liable for a complete carpet clean throughout the house. I consider that compensation of $100.00 is appropriate.

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.
The landlord has claimed the sum of $80.00 for replacing a light, which the tenant accepts was broken. The landlord provided an invoice for this amount. I order compensation of $80.00 for the light.
The landlord also claimed compensation for a screen door. However I was not provided with evidence showing the damage. The tenant did accept that an insect screen that could be pulled across the door had broken but said that it already had a tear in it when she moved in and says that any additional damage is likely fair wear and tear. This claim is not proven and is dismissed.
The landlord has also claimed the sum of $1,120 for repairing damaged walls in the lounge, painting of downstairs corridor door and upstairs bedroom door and painting the laundry and garage area.
Ms Hulbert accepted that there was damage in the lounge. She explained that she moved a couch which had a metal rod on the back which caused holes in the jib behind. She replastered the area but accepted that further plastering work was likely required and painting.
I note from the ingoing and outgoing photos that there were also marks on the other lounge wall that I consider to be more than fair wear and tear. The landlord is entitled to compensation for both walls in the lounge.
Ms Hulbert also accepted that two doors required painting. There was damage to both doors and so she replaced them but was unable to paint them. The landlord is entitled to compensation for painting the doors.
Ms Hulbert did not accept that there was any damage to the laundry and garage area. The landlord did not provide any photos proving the damage and so I am unable to find this claim proven.
The invoice does not provide a breakdown of the various repairs and painting and so it is necessary for me to make the best estimation I can given the information that I have. I consider that the repair and painting of the walls in the lounge and painting of the doors likely represent close to 2/3 of the total amount claimed.
However I must also take 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. The landlord now has newly painted doors and walls in the lounge. I therefore consider that slightly less than half of the invoice to be appropriate compensation, and order compensation in the amount of $560.00. Additional claims
In their application the landlord has also included claims for replacement keys and bedroom window glass but these claims were withdrawn at the hearing. Filing fee and name suppression
As the landlord has been only partially successful, I have not refunded the filing fee.
No orders were sought for name suppression.

Tenancy Tribunal case 4563675 — Rent arrears at Unit/Flat Flat 18, 45A Swanson Road, Henderson, Auckland

At a glance

Tenancy Tribunal case 4563675 — Rent arrears at Unit/Flat Flat 18, 45A Swanson Road, Henderson, Auckland

At a glance

Claims & awards

Order

Reasons

How much is owed for rent and 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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent and 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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions