What was the outcome of Tenancy Tribunal case 4723149?

The tribunal order states: Victoria Matapo must pay Shelter Realty Limited $45.01 immediately, calculated

How much money was awarded in case 4723149?

Cleaning: $1,092.50 awarded to landlord; Credit To Tenant: $291.43 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Pest Control: $414.00 awarded to landlord; Property Damage: $471.50 awarded to landlord; Property Damage: $897.00 awarded to landlord; Rubbish Removal: $161.00 awarded to landlord

What type of tenancy dispute was case 4723149?

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

Where can I read the official tribunal order for case 4723149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10010554-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4723149?

The tribunal order states: Victoria Matapo must pay Shelter Realty Limited $45.01 immediately, calculated

How much money was awarded in case 4723149?

Cleaning: $1,092.50 awarded to landlord; Credit To Tenant: $291.43 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Pest Control: $414.00 awarded to landlord; Property Damage: $471.50 awarded to landlord; Property Damage: $897.00 awarded to landlord; Rubbish Removal: $161.00 awarded to landlord

What type of tenancy dispute was case 4723149?

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

Where can I read the official tribunal order for case 4723149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10010554-Tenancy_Tribunal_Order.pdf.

21 Marumaru Lane, Manurewa, Auckland 2102 Tenancy Tribunal Case 4723149 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4723149 — net $45.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$1,092.50		Cleaning
Rubbish removal	$161.00		Rubbish removal
Repairs - Tiles	$471.50		Repairs - Tiles
Repairs - Walls	$897.00		Repairs - Walls
Pest control	$414.00		Pest control
Filing fee reimbursement	$20.44		Filing fee reimbursement
Credit to tenant		$291.43	Credit to tenant
Total award	$3,056.44	$291.43
Net award	$45.01
Total payable by Tenant to Landlord	$45.01

Both parties attended the hearing today.

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

How much is owed for rent?

There is a credit of $291.43 owing to the tenants for rent following the end of the tenancy on 25 September 2023.

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.

The landlord claimed $950.00 plus GST for cleaning. The landlord said the property was brand new at the start of the tenancy on 5 November 2021. The outgoing inspection report identified a need for cleaning to the garage floor, hallway carpet, the carpets in the lounge, and 3 bedrooms. There was a need for cleaning in the bathroom and ensuite including the vanity, shower, and toilet. The kitchen cupboards needed cleaning as did the oven.

I find that the tenants did not leave the premises reasonably clean and tidy in these respects. There was also a need to clean marks on the walls in several rooms, including bedroom 3, the bathroom, kitchen and ensuite. This helps to explain the relatively high claim for cleaning costs. I award the amount claimed ($1,092.50).

The tenant did not remove all rubbish. There were items left behind in a wardrobe, the bathroom vanity and kitchen cupboards. The rubbish removal costs ($161.00) reflect the modest number and size of the belongings.

The landlord had to engage pest control following the end of the property. There were photographs from the incoming tenants about 2 weeks after the tenant moved out, showing insects. The pest control invoice stated that the infestation was bad, had been in the house for 6 months or more and would have related to cleanliness. It follows that the pest control costs were probably incurred because the tenant had not kept the premises reasonably clean. I award the pest control costs ($414.00).

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.

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 4 weeks' rent. The tenancy agreement indicates that the property is insured but does not disclose the excess amount. A typical excess is $550.00. The weekly rent was $680.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent ($2,720.00).

A tile was cracked in the laundry/garage area at the end of the tenancy. The tenant said they used this area as a gym and had weights there. They said this may have been the cause of the damaged tile. I am satisfied that this damage is more than fair wear and tear and was caused carelessly. A reasonably prudent tenant would take precautions to protect the floor from heavy weights. The amount claimed for tiling replacement is $471.50. I consider this amount is likely to be less than the insurance excess.

The landlord claimed $897.00 for the cost of repairing and repainting the walls. There was visible damage to the garage wall and to a wall in the hallway. The tenant said this may have happened when they moved out, as they had to manoeuvre in a confined space. The outgoing inspection report said there were “too many stains, marks and scratches” in the hallway, although they do not show up very well in the photographs.

I find that the damage to the walls was caused carelessly. I appreciate the tenant’s explanation of the hallway damage, but it seems likely this was caused on more than one occasion. I award the repair costs claimed on the assumption that each area of damage to the garage and hallway attracted an insurance excess of about $550.00 (limiting the tenant’s liability to $1,100.00). Filing fee

The landlord’s application has been successful. The filing fee must be awarded.

Claims and awards in Tenancy Tribunal application 4723149 — net $45.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$1,092.50		Cleaning
Rubbish removal	$161.00		Rubbish removal
Repairs - Tiles	$471.50		Repairs - Tiles
Repairs - Walls	$897.00		Repairs - Walls
Pest control	$414.00		Pest control
Filing fee reimbursement	$20.44		Filing fee reimbursement
Credit to tenant		$291.43	Credit to tenant
Total award	$3,056.44	$291.43
Net award	$45.01
Total payable by Tenant to Landlord	$45.01

Order

Victoria Matapo must pay Shelter Realty Limited $45.01 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing today.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

There is a credit of $291.43 owing to the tenants for rent following the end of the tenancy on 25 September 2023.

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.
The landlord claimed $950.00 plus GST for cleaning. The landlord said the property was brand new at the start of the tenancy on 5 November 2021. The outgoing inspection report identified a need for cleaning to the garage floor, hallway carpet, the carpets in the lounge, and 3 bedrooms. There was a need for cleaning in the bathroom and ensuite including the vanity, shower, and toilet. The kitchen cupboards needed cleaning as did the oven.
I find that the tenants did not leave the premises reasonably clean and tidy in these respects. There was also a need to clean marks on the walls in several rooms, including bedroom 3, the bathroom, kitchen and ensuite. This helps to explain the relatively high claim for cleaning costs. I award the amount claimed ($1,092.50).
The tenant did not remove all rubbish. There were items left behind in a wardrobe, the bathroom vanity and kitchen cupboards. The rubbish removal costs ($161.00) reflect the modest number and size of the belongings.
The landlord had to engage pest control following the end of the property. There were photographs from the incoming tenants about 2 weeks after the tenant moved out, showing insects. The pest control invoice stated that the infestation was bad, had been in the house for 6 months or more and would have related to cleanliness. It follows that the pest control costs were probably incurred because the tenant had not kept the premises reasonably clean. I award the pest control costs ($414.00).

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.
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 4 weeks' rent. The tenancy agreement indicates that the property is insured but does not disclose the excess amount. A typical excess is $550.00. The weekly rent was $680.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to 4 weeks' rent ($2,720.00).
A tile was cracked in the laundry/garage area at the end of the tenancy. The tenant said they used this area as a gym and had weights there. They said this may have been the cause of the damaged tile. I am satisfied that this damage is more than fair wear and tear and was caused carelessly. A reasonably prudent tenant would take precautions to protect the floor from heavy weights. The amount claimed for tiling replacement is $471.50. I consider this amount is likely to be less than the insurance excess.
The landlord claimed $897.00 for the cost of repairing and repainting the walls. There was visible damage to the garage wall and to a wall in the hallway. The tenant said this may have happened when they moved out, as they had to manoeuvre in a confined space. The outgoing inspection report said there were “too many stains, marks and scratches” in the hallway, although they do not show up very well in the photographs.
I find that the damage to the walls was caused carelessly. I appreciate the tenant’s explanation of the hallway damage, but it seems likely this was caused on more than one occasion. I award the repair costs claimed on the assumption that each area of damage to the garage and hallway attracted an insurance excess of about $550.00 (limiting the tenant’s liability to $1,100.00). Filing fee
The landlord’s application has been successful. The filing fee must be awarded.

Tenancy Tribunal case 4723149 — Property damage at 21 Marumaru Lane, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4723149 — Property damage at 21 Marumaru Lane, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Key findings

Property management

Frequently asked questions