What was the outcome of Tenancy Tribunal case 4821157?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4821157?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4821157?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4821157?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10604708-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4821157?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4821157?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4821157?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4821157?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10604708-Tribunal_Order.pdf.

27 Millard Avenue, Kuripuni, Masterton 5810 Tenancy Tribunal Case 4821157 — Cleanliness

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Reasons

The landlord attended the hearing, the respondent did not answer any of the three calls made at the scheduled time to the number provided to the Tribunal. At a previous teleconference, Adjudicator Boys determined that the last known email address for the respondent was a current and sufficient address for service. On that basis I am satisfied the respondent has been adequately served regarding this hearing and has chosen not to attend. The hearing was conducted in her absence.

Following the end of the tenancy, the landlord cleaned the house and repainted part of it at a cost of $937.25. The landlord then claimed the tenant’s bond from the bond centre. There was a shortfall of $363.40 for after the bond had been put towards the exit expenses.

The landlord has applied for $363.40 compensation for cleaning windows and repairing and painting pin holes, 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.

During the hearing the landlord provided photographs taken for the exit inspection. These photographs were not uploaded to the file until after the hearing had concluded. In my view, the photographs show the premises including the windows to be reasonably clean and tidy. That is not to say they are “move in ready”, but that is not the standard required. A responsible landlord may choose to do a deep clean between tenancies and that is their prerogative.

The claim for window cleaning is not 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.

Having looked at the photographs uploaded to the file after the conclusion of the hearing, I am unable to discern the pinholes that the landlord was referring to. The photographs do include photographs that show windowsills that look as though they are rotting and need repainting.

However the photographs do not show the extent to which the premises has been repainted and if there is an element of betterment involved.

Because of this I am unable to find the damage proved.

Reasons

The landlord has applied for $363.40 compensation for cleaning windows and repairing and painting pin holes, 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 claim for window cleaning is not proved.

Is the tenant responsible for the damage to the premises?

However the photographs do not show the extent to which the premises has been repainted and if there is an element of betterment involved.

Because of this I am unable to find the damage proved.

Tenancy Tribunal case 4821157 — Cleanliness at 27 Millard Avenue, Kuripuni, Masterton 5810

At a glance

Tenancy Tribunal case 4821157 — Cleanliness at 27 Millard Avenue, Kuripuni, Masterton 5810

At a glance

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

Property management

Frequently asked questions

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

Property management

Frequently asked questions