What was the outcome of Tenancy Tribunal case 4797800?

The tribunal order states: The Bond Centre is to pay the bond of $3,600.00 (5966464-002) immediately

How much money was awarded in case 4797800?

Cleaning: $201.25 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Door Remote: $155.56 awarded to landlord; Gate Remote: $80.50 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Water Rates: $61.43 awarded to landlord

What type of tenancy dispute was case 4797800?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4797800?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10344796-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4797800?

The tribunal order states: The Bond Centre is to pay the bond of $3,600.00 (5966464-002) immediately

How much money was awarded in case 4797800?

Cleaning: $201.25 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Door Remote: $155.56 awarded to landlord; Gate Remote: $80.50 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Water Rates: $61.43 awarded to landlord

What type of tenancy dispute was case 4797800?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4797800?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10344796-Tenancy_Tribunal_Order.pdf.

48A St Andrews Road, Epsom, Auckland 1023 Tenancy Tribunal Case 4797800 — Cleanliness

Claims and awards in Tenancy Tribunal application 4797800. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$61.43	Water rates
Cleaning	$500.00	Cleaning
Carpet Cleaning	$201.25	Carpet Cleaning
Lawns and Garden work	$200.00	Lawns and Garden work
Gate remote	$80.50	Gate remote
Garage door remote	$155.56	Garage door remote
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

The Bond Centre is to pay the bond of $3,600.00 (5966464-002) immediately apportioned as follows: The Property Managers Limited Ray White: $1,219.18 Max Simpson, Broome Kim and Ben Wales: $2,380.82
The Bond has been apportioned on the basis of the compensation set out in the table below:

Reasons

Only the landlord attended the hearing, represented by Mr Ryder. The tenants made a last minute application to appear by phone but did not provide contact details in advance of the hearing. The registrar rang all of the numbers provided for the tenants and while two would not connect the third went to voicemail.
I am satisfied that the tenants have been served with the landlord’s claim and have notice of the hearing, so the hearing proceeded in the tenants’ absence.
The landlord has applied for outstanding water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy property was a large five bedroom, three bathroom, double garage home located in Epsom, Auckland. The tenancy began on 1 July 2022 and ended on 17 August 2023.
This is a claim by the landlord and so the onus is on the landlord to prove their claim to the civil standard (on the balance of probabilities).

How much is owed for water rates?

The landlord provided water rates invoices which prove that $61.43 was owing at the end of the tenancy. This amount is proved.

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. .
At the hearing the landlord explained that there were five people living at the property and that they all went their separate ways and the intended cleaning and gardening did not get done. The landlord produced ingoing and outgoing inspection photos showing that the property had not been properly cleaned, that there were some stains on the carpet, and that the garden areas were very overgrown.
It appears that the tenants accepted that they would need to pay for some cleaning and gardening. The landlord produced a text message from one of the tenants dated 13 September 2023 stating “Hi Des, happy to proceed with you getting your people in to complete the cleaning and gardening”.
In any event I am satisfied that the amounts claimed by the landlord, as follows, are reasonable and proved: a. $500.00 for cleaning (invoice from Starry Cleaning Service Ltd dated 15 September 2023); b. $201.25 for carpet cleaning (spot cleaning of stains only, invoice from Carpet Brite dated 14 September 2023); and c. $200 for gardening (as estimated by owner).
The following chattels were missing at the end of the tenancy: a. Gate remote (replacement invoice from Capstone Services Group Ltd for $80.50); and b. Garage door remote (replacement invoice from Hardware Direct for $155.56).
The amounts ordered are proved.

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.
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.
The landlord says that the tenants damaged the wooden floors and a kitchen cupboard door. Floors
The landlord produced before and after photos of the wooden floors in the kitchen and explained that the tenants initially had protective feet on their table and chairs but these must have come off at some point and there are a number of scrapes on the floor. There also appear to be a small number of dents from stiletto heeled shoes.
The landlord has obtained a quote for $3,900 (plus GST) to sand and polyurethane the entire living area and hallway (as it is the hallway runs into the living room). The landlord has insurance with an excess of $700 but has not yet made a claim.
I have reviewed the photos carefully and by a fine margin find this claim not proven. A living and a dining area is a high traffic and high use area in a home and I consider that some wear to a polished wooden floor to be normal and even the odd scrape and heel mark. This is particularly so given that this is a large home and that there were five people living there. Kitchen cabinet door
The landlord also produced photos of a kitchen cabinet door that had been damaged. It seems that if one door was left open above the fridge, and an adjacent door was also opened, it would cause one door to scrape against each other, in this case leaving a deep scrape in the paint.
The landlord has obtained a quote for $782 to replace the door, as it is likely to be difficult to patch and paint given the age of the cabinets.
Although I consider that the tenants have been careless in causing this damage, by leaving one door open while opening another, I do not consider that any compensation should be awarded because of the age of the cabinets. I understand that they are approximately 20 years old. Filing fee
Because The Property Managers Limited Ray White has substantially succeeded with the claim I have reimbursed the filing fee of $20.44.

Claims and awards in Tenancy Tribunal application 4797800. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$61.43	Water rates
Cleaning	$500.00	Cleaning
Carpet Cleaning	$201.25	Carpet Cleaning
Lawns and Garden work	$200.00	Lawns and Garden work
Gate remote	$80.50	Gate remote
Garage door remote	$155.56	Garage door remote
Filing fee reimbursement	$20.44	Filing fee reimbursement

Order

The Bond Centre is to pay the bond of $3,600.00 (5966464-002) immediately apportioned as follows: The Property Managers Limited Ray White: $1,219.18 Max Simpson, Broome Kim and Ben Wales: $2,380.82
The Bond has been apportioned on the basis of the compensation set out in the table below:

Reasons

Only the landlord attended the hearing, represented by Mr Ryder. The tenants made a last minute application to appear by phone but did not provide contact details in advance of the hearing. The registrar rang all of the numbers provided for the tenants and while two would not connect the third went to voicemail.
I am satisfied that the tenants have been served with the landlord’s claim and have notice of the hearing, so the hearing proceeded in the tenants’ absence.
The landlord has applied for outstanding water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy property was a large five bedroom, three bathroom, double garage home located in Epsom, Auckland. The tenancy began on 1 July 2022 and ended on 17 August 2023.
This is a claim by the landlord and so the onus is on the landlord to prove their claim to the civil standard (on the balance of probabilities).

How much is owed for water rates?

The landlord provided water rates invoices which prove that $61.43 was owing at the end of the tenancy. This amount is proved.

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. .
At the hearing the landlord explained that there were five people living at the property and that they all went their separate ways and the intended cleaning and gardening did not get done. The landlord produced ingoing and outgoing inspection photos showing that the property had not been properly cleaned, that there were some stains on the carpet, and that the garden areas were very overgrown.
It appears that the tenants accepted that they would need to pay for some cleaning and gardening. The landlord produced a text message from one of the tenants dated 13 September 2023 stating “Hi Des, happy to proceed with you getting your people in to complete the cleaning and gardening”.
In any event I am satisfied that the amounts claimed by the landlord, as follows, are reasonable and proved: a. $500.00 for cleaning (invoice from Starry Cleaning Service Ltd dated 15 September 2023); b. $201.25 for carpet cleaning (spot cleaning of stains only, invoice from Carpet Brite dated 14 September 2023); and c. $200 for gardening (as estimated by owner).
The following chattels were missing at the end of the tenancy: a. Gate remote (replacement invoice from Capstone Services Group Ltd for $80.50); and b. Garage door remote (replacement invoice from Hardware Direct for $155.56).
The amounts ordered are proved.

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.
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.
The landlord says that the tenants damaged the wooden floors and a kitchen cupboard door. Floors
The landlord produced before and after photos of the wooden floors in the kitchen and explained that the tenants initially had protective feet on their table and chairs but these must have come off at some point and there are a number of scrapes on the floor. There also appear to be a small number of dents from stiletto heeled shoes.
The landlord has obtained a quote for $3,900 (plus GST) to sand and polyurethane the entire living area and hallway (as it is the hallway runs into the living room). The landlord has insurance with an excess of $700 but has not yet made a claim.
I have reviewed the photos carefully and by a fine margin find this claim not proven. A living and a dining area is a high traffic and high use area in a home and I consider that some wear to a polished wooden floor to be normal and even the odd scrape and heel mark. This is particularly so given that this is a large home and that there were five people living there. Kitchen cabinet door
The landlord also produced photos of a kitchen cabinet door that had been damaged. It seems that if one door was left open above the fridge, and an adjacent door was also opened, it would cause one door to scrape against each other, in this case leaving a deep scrape in the paint.
The landlord has obtained a quote for $782 to replace the door, as it is likely to be difficult to patch and paint given the age of the cabinets.
Although I consider that the tenants have been careless in causing this damage, by leaving one door open while opening another, I do not consider that any compensation should be awarded because of the age of the cabinets. I understand that they are approximately 20 years old. Filing fee
Because The Property Managers Limited Ray White has substantially succeeded with the claim I have reimbursed the filing fee of $20.44.

Tenancy Tribunal case 4797800 — Cleanliness at 48A St Andrews Road, Epsom, Auckland 1023

At a glance

Tenancy Tribunal case 4797800 — Cleanliness at 48A St Andrews Road, Epsom, Auckland 1023

At a glance

Claims & awards

Order

Reasons

How much is owed for 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 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