Published tribunal order
Tenancy Tribunal case 4823937 — Property damage at Flat 3, 8D Schnapper Rock Road, Schnapper Rock,
Decided 21 Jun 2024 · Published 21 Jun 2024 · Application 4823937
- Property damage
- Cleanliness
Order
- The Bond Centre is to pay the bond of $1,200.00 (5850151-006) to the Estate of Beverly Frances Hyland immediately.
- The parties’ claims are allowed as set out in this order and its
Reasons
. All other claims are dismissed. DescriptionLandlordTenant Rent credit to 18 January 2024 $720.00 Cleaning$189.75 Net curtains$16.50 Television replacement$244.50 Tub chair$106.99 Kitchen inventory$210.49 Filing fee reimbursement$20.44 Sub-totals Balance in favour of landlord Balance forgiven $788.67 $68.67 $720.00 $68.67
Reasons:
- Both parties attended the hearing. 1
- This hearing arises due to Ms Hyland’s sadly passing away during the tenancy.
- The Tribunal is assisting by tidying up matters relating to the tenancy. Rent credit
- This was a fixed-term tenancy that was not due to end until 28 April 2024.
- The landlord could have claimed rent until 31 January 2024, but claims rent only to 18 January 2024. 2
- Consequently, there is a rent credit of $720.00. Costs for cleaning and replacement of chattels
- The landlord had a modest amount of additional cleaning done. 3 The landlord provided an invoice. The cost of cleaning is proved.
- The landlord had to replace a television, and some kitchen items. The landlord paid $326.18 to replace the television. This amount is to be reduced by 25 per cent to account for depreciation. The full cost of the replacing the kitchen items of $210.49 is allowed. 4 Damaged items
- Some net curtains were damaged during the tenancy. Seventy-five percent of the replacement cost of those is allowed. That amount is $16.50.
- A tub chair was damaged. The landlord sourced a cheaper item than the original one. $106.99 is allowed for the replacement chair.
- A dining chair was damaged during the tenancy, but the landlord says the damage may have been due to fair wear and tear. No award is made for that reason. 1 The parties’ representatives attended successively by telephone. Ms McLennan attended for the landlord. Matthew Hyland attended for Ms Hyland’s estate. 2 See Residential Tenancies Act 1986 (RTA), s 50A(1). 3 RTA, s 40(1)(e)(iii). 4 RTA, s 40(1)(e)(v). Landlord’s employee’s costs
- The landlord calculates spending $150.00 of an employee’s time in respect to the premises but does not pursue payment from the tenant’s estate. Ms McLennan says she does not want to add to Ms Hyland’s family’s distress.
- Therefore, no order is made for the landlord’s employee’s costs. Filing fee
- The filing fee is to be reimbursed to the landlord in the circumstances. Landlord’s forgiveness of judgment debt
- After the above matters are calculated (see the table above), Ms Hyland’s estate owes the landlord $68.67.
- Ms McLennan confirms the landlord wishes to forgive that amount so that Ms Hyland’s estate receives the full bond, out of consideration to Ms Hyland’s grieving family members. Outcome
- The outcome is that the full bond is to be returned to the tenant’s estate.