What was the outcome of Tenancy Tribunal case 4594132?

The tribunal order states: Teresa Stretch and Steven Jones must pay Alexander Bouma and Catherine

How much money was awarded in case 4594132?

Broken Oven Glass: $200.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Cleaning: $75.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $41.80 awarded to landlord; Previous Order Application 4561130 D…: $1,577.58 awarded to landlord; Property Damage: $1,041.22 awarded to landlord; Property Damage: $1,800.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rubbish Removal: $565.00 awarded to landlord

What type of tenancy dispute was case 4594132?

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

Where can I read the official tribunal order for case 4594132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9624270-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4594132?

The tribunal order states: Teresa Stretch and Steven Jones must pay Alexander Bouma and Catherine

How much money was awarded in case 4594132?

Broken Oven Glass: $200.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Cleaning: $75.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $41.80 awarded to landlord; Previous Order Application 4561130 D…: $1,577.58 awarded to landlord; Property Damage: $1,041.22 awarded to landlord; Property Damage: $1,800.00 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rubbish Removal: $565.00 awarded to landlord

What type of tenancy dispute was case 4594132?

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

Where can I read the official tribunal order for case 4594132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9624270-Tenancy_Tribunal_Order.pdf.

1C Sewell Street, Kaiapoi 7630 Tenancy Tribunal Case 4594132 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4594132 — net $5,721.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4561130 dated 31/05/2023	$1,577.58	Previous order application 4561130 dated 31/05/2023
Cleaning	$75.00	Cleaning
Carpet Cleaning	$100.00	Carpet Cleaning
Rubbish removal	$565.00	Rubbish removal
Missing lightbulbs	$41.80	Missing lightbulbs
Window repairs	$1,041.22	Window repairs
Repair and repaint walls, internal doors, ceilings	$1,800.00	Repair and repaint walls, internal doors, ceilings
Damage to kitchen bench, cupboard, pantry	$200.00	Damage to kitchen bench, cupboard, pantry
Damage to kitchen flooring	$100.00	Damage to kitchen flooring
Broken oven glass	$200.00	Broken oven glass
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,721.04
Total payable by Tenant to Landlord	$5,721.04

Mr and Mrs Bouma attend the hearing. The tenants did not attend.

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

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

The tenants did not leave the premises reasonably clean, did not remove all rubbish, and did not leave all chattels provided (four light bulbs were missing) as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

The cleaning and rubbish removal work was completed by the landlords. They said that they spent seven hours to clean the premises and eight hours to remove all rubbish. An hourly rate of $25.00 is considered reasonable when a landlord completes work themselves on the premises. The cost to dump the rubbish has been established by the production of receipts. The amount ordered to replace the missing light bulbs has also been established by the production of a receipt.

Are the tenants 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, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.

The following damage was caused during the tenancy: • The master bedroom and lounge door glass were broken (including cat door flap) • Holes and damage to five internal doors and two door handles • Damaged front door and lock • Oven door glass broken • Three broken ceramic kitchen floor tiles • Damaged pantry, bench top and an under-bench cabinet door • Holes, scrapes on walls in hall, master bedroom second bedroom, lounge, and ‘dings’ scrapes on lounge ceiling, food stains on kitchen ceiling

While some of the damage to the walls and ceilings could be considered fair wear and tear, in particular the ‘dings’ and scraps, I am satisfied that the other damage is beyond what can reasonably be considered as ordinary wear and tear. The tenants have not disproved liability for the damage.

The amount claimed to repair the broken glass has been established by an invoice for the work. The amount ordered for the broken oven glass has been established by a quote to replace the glass.

Some of the remaining work was completed by the landlords themselves and some by contractors. The landlords have also replaced the entire kitchen including the flooring and had some other work completed which is not part of the claim. Taking into account depreciation/betterment (the kitchen was several years old and therefore at or near the end of its useful life) and doing the best I can on the evidence before me I consider the amounts ordered reasonable to compensate the landlords for the remaining damage.

The landlords have been mostly successful in their claims, and I consider this an appropriate case to award payment of the Tribunal application fee.

On 31 May 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 31 May 2023 and the application fee. The previous order is incorporated into this order for enforcement purposes.

Claims and awards in Tenancy Tribunal application 4594132 — net $5,721.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4561130 dated 31/05/2023	$1,577.58	Previous order application 4561130 dated 31/05/2023
Cleaning	$75.00	Cleaning
Carpet Cleaning	$100.00	Carpet Cleaning
Rubbish removal	$565.00	Rubbish removal
Missing lightbulbs	$41.80	Missing lightbulbs
Window repairs	$1,041.22	Window repairs
Repair and repaint walls, internal doors, ceilings	$1,800.00	Repair and repaint walls, internal doors, ceilings
Damage to kitchen bench, cupboard, pantry	$200.00	Damage to kitchen bench, cupboard, pantry
Damage to kitchen flooring	$100.00	Damage to kitchen flooring
Broken oven glass	$200.00	Broken oven glass
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,721.04
Total payable by Tenant to Landlord	$5,721.04

Order

Teresa Stretch and Steven Jones must pay Alexander Bouma and Catherine Bouma $5,721.04 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 31 May 2023 under application 4594132.

Reasons

Mr and Mrs Bouma attend the hearing. The tenants did not attend.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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

The tenants did not leave the premises reasonably clean, did not remove all rubbish, and did not leave all chattels provided (four light bulbs were missing) as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The cleaning and rubbish removal work was completed by the landlords. They said that they spent seven hours to clean the premises and eight hours to remove all rubbish. An hourly rate of $25.00 is considered reasonable when a landlord completes work themselves on the premises. The cost to dump the rubbish has been established by the production of receipts. The amount ordered to replace the missing light bulbs has also been established by the production of a receipt.

Are the tenants 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, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
The following damage was caused during the tenancy: • The master bedroom and lounge door glass were broken (including cat door flap) • Holes and damage to five internal doors and two door handles • Damaged front door and lock • Oven door glass broken • Three broken ceramic kitchen floor tiles • Damaged pantry, bench top and an under-bench cabinet door • Holes, scrapes on walls in hall, master bedroom second bedroom, lounge, and ‘dings’ scrapes on lounge ceiling, food stains on kitchen ceiling
While some of the damage to the walls and ceilings could be considered fair wear and tear, in particular the ‘dings’ and scraps, I am satisfied that the other damage is beyond what can reasonably be considered as ordinary wear and tear. The tenants have not disproved liability for the damage.
The amount claimed to repair the broken glass has been established by an invoice for the work. The amount ordered for the broken oven glass has been established by a quote to replace the glass.
Some of the remaining work was completed by the landlords themselves and some by contractors. The landlords have also replaced the entire kitchen including the flooring and had some other work completed which is not part of the claim. Taking into account depreciation/betterment (the kitchen was several years old and therefore at or near the end of its useful life) and doing the best I can on the evidence before me I consider the amounts ordered reasonable to compensate the landlords for the remaining damage.
The landlords have been mostly successful in their claims, and I consider this an appropriate case to award payment of the Tribunal application fee.
On 31 May 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 31 May 2023 and the application fee. The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 4594132 — Property damage at 1C Sewell Street, Kaiapoi 7630

At a glance

Tenancy Tribunal case 4594132 — Property damage at 1C Sewell Street, Kaiapoi 7630

At a glance

Award balance

Claims & awards

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions