How much money was awarded in case 4630850?

Cleaning: $285.80 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Flooring: $300.00 awarded to landlord

What type of tenancy dispute was case 4630850?

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

Where can I read the official tribunal order for case 4630850?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9468551-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4630850?

Cleaning: $285.80 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Flooring: $300.00 awarded to landlord

What type of tenancy dispute was case 4630850?

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

Where can I read the official tribunal order for case 4630850?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9468551-Tenancy_Tribunal_Order.pdf.

21A Konini Street, Riccarton, Christchurch 8041 Tenancy Tribunal Case 4630850 — Property damage

Q: What was the outcome of Tenancy Tribunal case 4630850?

The tribunal order states: No application for suppression has been made in this case and no suppression

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Order

Claims and awards in Tenancy Tribunal application 4630850 — net $806.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Curtains	$285.80	Cleaning: Curtains
Lawns and Garden work	$200.00	Lawns and Garden work
Repairs: Flooring	$300.00	Repairs: Flooring
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$806.24
Bond	$1,050.00
Total payable by Tenant to Landlord	$806.24

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

William Andrew Nurse to pay Patricia Quinn and Denis Quinn $806.24 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,050.00 (3358501-006) immediately apportioned as follows: Patricia Quinn and Denis Quinn: $806.24 William Andrew Nurse: $243.76

Reasons

Both parties attended the hearing.

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

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.

The landlord claimed that the tenant did not leave the gardens in the condition they were in at the start of the tenancy. The photographs show the garden to be extremely well presented at the start of the tenancy. The landlord claims that the tenant agreed to maintain the gardens to that standard. The Act requires the tenant to leave the gardens reasonably clean and tidy. The RTA applies despite a provision to the contrary in a tenancy agreement – see s11 RTA.

The photographs show that the gardens at the end of the tenancy were generally tidy with some areas requiring additional weeding. I award the landlord $200 of the $480.00 claimed.

In relation to the paths and water blasting. The condition at the end of the tenancy was consistent with winter outdoor conditions and the cleaning required is a landlord maintenance obligation.

A set of curtains had to be dry cleaned and Mr Nurse agreed to meet that cost of $285.80.

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 claims that the polyurethane surface to the timber floor was damaged during the tenancy. The landlord claims $1,725.00 for repairs but has not carried out the work.

The photographs show that an area of the floor surface was damaged by castors from a chair during the tenancy. This damage is more extensive than the wear and tear that can be expected from everyday use. The evidence also established that Mr Nurse became aware that the particular chair was causing degradation or damage to the flooring at some point during the tenancy but did not take any steps to prevent further damage until asked to do so by the landlord.

I find that, at least some of, the damage to the polyurethane surface was carelessly caused during this tenancy. However, the coating is at least 9 years old. It does not have an infinite life. Other areas of the floor remain in good condition while some, particularly around the dining table, are more worn. The landlord has not yet had the floor recoated so has not incurred any cost.

I have considered betterment and depreciation. In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan. I award $300 of the $1,725.00 claimed for floor damage, recognising the reduction in the surface’s likely lifespan.

As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee.

Order

Claims and awards in Tenancy Tribunal application 4630850 — net $806.24 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Curtains	$285.80	Cleaning: Curtains
Lawns and Garden work	$200.00	Lawns and Garden work
Repairs: Flooring	$300.00	Repairs: Flooring
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$806.24
Bond	$1,050.00
Total payable by Tenant to Landlord	$806.24

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

William Andrew Nurse to pay Patricia Quinn and Denis Quinn $806.24 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,050.00 (3358501-006) immediately apportioned as follows: Patricia Quinn and Denis Quinn: $806.24 William Andrew Nurse: $243.76

Reasons

Both parties attended the hearing.

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

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

The photographs show that the gardens at the end of the tenancy were generally tidy with some areas requiring additional weeding. I award the landlord $200 of the $480.00 claimed.

In relation to the paths and water blasting. The condition at the end of the tenancy was consistent with winter outdoor conditions and the cleaning required is a landlord maintenance obligation.

A set of curtains had to be dry cleaned and Mr Nurse agreed to meet that cost of $285.80.

Is the tenant responsible for the damage to the premises?

The landlord claims that the polyurethane surface to the timber floor was damaged during the tenancy. The landlord claims $1,725.00 for repairs but has not carried out the work.

As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4630850 — Property damage at 21A Konini Street, Riccarton, Christchurch 8041

At a glance

Tenancy Tribunal case 4630850 — Property damage at 21A Konini Street, Riccarton, Christchurch 8041

At a glance

Award balance

Claims & awards

Order

Reasons

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Frequently asked questions