What was Tenancy Tribunal case 4891982 about?

The tribunal order states: [The tenant/s] to pay Anthony Gordon Coursey and Glenda Margaret Coursey

How much money was awarded in case 4891982?

Cleaning: $24.99 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $37.36 awarded to landlord; Fence: $98.65 awarded to landlord; Rubbish Removal: $30.00 awarded to landlord

What type of tenancy dispute was case 4891982?

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

Where can I read the official tribunal order for case 4891982?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10648425-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4891982 about?

The tribunal order states: [The tenant/s] to pay Anthony Gordon Coursey and Glenda Margaret Coursey

How much money was awarded in case 4891982?

Cleaning: $24.99 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $37.36 awarded to landlord; Fence: $98.65 awarded to landlord; Rubbish Removal: $30.00 awarded to landlord

What type of tenancy dispute was case 4891982?

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

Where can I read the official tribunal order for case 4891982?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10648425-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4891982 — Property damage

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4891982 — net $211.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Oil Stain	$24.99	Cleaning: Oil Stain
Repairs: Fence	$98.65	Repairs: Fence
Light bulbs/batteries	$37.36	Light bulbs/batteries
Rubbish removal: Car Tyres	$30.00	Rubbish removal: Car Tyres
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$211.44
Bond	$1,680.00
Total payable by Tenant to Landlord	$211.44

[The tenant/s] to pay Anthony Gordon Coursey and Glenda Margaret Coursey $211.44 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,680.00 ([Bond number suppressed]) immediately apportioned as follows: Anthony Gordon Coursey and Glenda Margaret Coursey: $211.44 [The tenant/s]: $1,468.56

The Landlord’s other claims are dismissed.

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 tenant agreed to meet the cost of oil stain removal and replacement lightbulbs (even though there is no requirement that tenants replace lightbulbs at the end of the tenancy). I award the amounts claimed for those items.

There was some rubbish, including tyres, left at the premises. The landlord has not yet disposed of these. The tenant disputes that all the rubbish in the pile shown is theirs. I award $30 of the $48 claimed for rubbish removal.

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 has the onus of establishing that damage was caused during the tenancy and is more than fair wear and tear. The landlord also has the onus of establishing its loss (or the cost to repair) any damage.

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 claimed that an oven was damaged and required replacement, fences were damaged, and holes were made in kitchen cabinetry for electrical cords.

Some fence damage was established and acknowledged by the tenants. The repair cost was disputed. The cost was for materials only and is modest. It is appropriate to award the amount claimed of $98.65. The landlord provided an invoice for the cost incurred.

The tenant acknowledged holes on the inside of two kitchen cabinets for running power leads. The landlord claimed $472.00 for replacement panels. The tenants said that the landlord agreed to the holes at the start of the tenancy. The landlord disputed that. In any event, the landlord has not carried out any repair and did not provide any evidence to support the amounts claimed. The landlord has not proved that it suffered a loss. This aspect of the claim is dismissed.

The landlord also claimed the cost of a replacement oven, and an associated inspection cost. The landlord says that the oven has been rendered unusable because of a fire caused by the tenant not cleaning it. The tenant says that it cleaned the oven every three months. She says that she turned the oven on one day and there was a “bang”, “flash of light” and smoke from the front and back of the oven. The tenants turned the oven off and reported it to the landlord. The oven was inspected by an electrician engaged by the landlord. The electrician’s report records that the oven appeared to be in good working order apart from a noisy fan. There is no independent evidence to support the landlord’s contention that the oven is unserviceable because it is impossible to clean, and/or that any lack of serviceability has been caused by the tenants. The landlord has not established any breach by the tenant in respect of the oven. This aspect of the claim is dismissed.

As the landlords were partially successful, I have awarded reimbursement of the Tribunal application fee. However, they were not substantially successful, so I have not granted suppression of their details.

The tenants were substantially successful in defending the application, so I have granted their requires for suppression of their details.

Order

Claims and awards in Tenancy Tribunal application 4891982 — net $211.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: Oil Stain	$24.99	Cleaning: Oil Stain
Repairs: Fence	$98.65	Repairs: Fence
Light bulbs/batteries	$37.36	Light bulbs/batteries
Rubbish removal: Car Tyres	$30.00	Rubbish removal: Car Tyres
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$211.44
Bond	$1,680.00
Total payable by Tenant to Landlord	$211.44

[The tenant/s] to pay Anthony Gordon Coursey and Glenda Margaret Coursey $211.44 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,680.00 ([Bond number suppressed]) immediately apportioned as follows: Anthony Gordon Coursey and Glenda Margaret Coursey: $211.44 [The tenant/s]: $1,468.56

The Landlord’s other claims are dismissed.

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?

Is the tenant responsible for the damage to the premises?

The landlord claimed that an oven was damaged and required replacement, fences were damaged, and holes were made in kitchen cabinetry for electrical cords.

The tenants were substantially successful in defending the application, so I have granted their requires for suppression of their details.

Tenancy Tribunal case 4891982 — Property damage

At a glance

Tenancy Tribunal case 4891982 — Property damage

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