What was the outcome of Tenancy Tribunal case 5052230?

The tribunal order states: Kelly James Lintott and Shannon Shipton must pay A1 Property Managers

How much money was awarded in case 5052230?

Cleaning: $1,245.00 awarded to landlord; Cleaning: $126.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $57.50 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $1,400.00 awarded to landlord; Rent Arrears: $94.29 awarded to landlord; Water Rates: $122.00 awarded to landlord

What type of tenancy dispute was case 5052230?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 5052230?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11359521-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5052230?

The tribunal order states: Kelly James Lintott and Shannon Shipton must pay A1 Property Managers

How much money was awarded in case 5052230?

Cleaning: $1,245.00 awarded to landlord; Cleaning: $126.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $57.50 awarded to landlord; Property Damage: $200.00 awarded to landlord; Property Damage: $1,400.00 awarded to landlord; Rent Arrears: $94.29 awarded to landlord; Water Rates: $122.00 awarded to landlord

What type of tenancy dispute was case 5052230?

The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.

Where can I read the official tribunal order for case 5052230?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11359521-Tenancy_Tribunal_Order.pdf.

78 Nethercote Way, Rolleston, Rolleston 7614 Tenancy Tribunal Case 5052230 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5052230 — net $752.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$94.29	Rent arrears
Water rates	$122.00	Water rates
Cleaning, including carpets	$1,245.00	Cleaning, including carpets
Lawns and Garden work	$57.50	Lawns and Garden work
Empty and clean rubbish bins	$126.50	Empty and clean rubbish bins
Compensation - carpet damage	$200.00	Compensation - carpet damage
Repair walls, skirtings, doors and frames	$1,400.00	Repair walls, skirtings, doors and frames
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$752.29
Total payable by Tenant to Landlord	$752.29

Kelly James Lintott and Shannon Shipton must pay A1 Property Managers Limited and Lisa Fabri and Baden Mcardle $752.29 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$94.29 Water rates$122.00 Cleaning, including carpets$1,245.00 Lawns and Garden work$57.50 Empty and clean rubbish bins$126.50 Compensation - carpet damage$200.00 Repair walls, skirtings, doors and frames$1,400.00 Filing fee reimbursement$27.00 Total award$3,272.29 Bond$2,520.00 Total payable by Tenant to Landlord$752.29

The Bond Centre is to pay the bond of $2,520.00 (6495839-008) to A1 Property Managers Limited as agent for Lisa Fabri and Baden Mcardle immediately.

This order replaces and incorporates the Mediated Order dated 27 November 2024 under this application.

Reasons

Both parties attended the hearing. Ms Nicholls and Mr Wilson represented the landlords.

The landlords have applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The parties attended mediation and the tenants accepted the claim for rent, water rates, the cost to empty and clean the rubbish bins, and the Tribunal application fee (Mediated Order dated 27 November 2024 under this application number).

Did the tenants comply with their obligations at the end of the tenancy?

I am satisfied on the evidence before me, in particular the photographs taken at the end of the tenancy, that the premises were not lefty reasonably clean and tidy as required by section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).

The amounts claimed are established by the production of invoices.

Are the tenants responsible for the damage to the premises?

To be successful in a claim for damage to the premises, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.

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 (here $750.00) or four weeks' rent: section 49B(3)(a) of the Act.

The landlords claim the cost to repair damage (chips, gouges, and scrapes) to all walls, the skirtings in the lounge/dining room and hall, two doors in the hall and a bedroom, and door frames. The landlords also claim the to replace the carpet in the lounge and a bedroom which were damaged by stains that could not be removed by cleaning. The tenants accept the small red coloured stains on the carpets (which they said may have been caused by the spilling of nail polish).

I am satisfied that the damage occurred during the tenancy. The property was new at the tenancy commencement. I am also satisfied that the landlord has established that the damage to the carpets and most of the damage to the paintwork is beyond fair wear and tear. However, I accept that some minor damage to walls and the like can be expected as a result of ordinary use of the premises by a family with two young children over a 14-month tenancy. I have therefore reduced the amount claimed to repair the paintwork by 20%.

I am not persuaded that the stains have so badly damaged the carpets that they require replacement. In the circumstances I consider a fair sum to compensate the landlords for the damage to the carpets is $200.00.

Claims and awards in Tenancy Tribunal application 5052230 — net $752.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$94.29	Rent arrears
Water rates	$122.00	Water rates
Cleaning, including carpets	$1,245.00	Cleaning, including carpets
Lawns and Garden work	$57.50	Lawns and Garden work
Empty and clean rubbish bins	$126.50	Empty and clean rubbish bins
Compensation - carpet damage	$200.00	Compensation - carpet damage
Repair walls, skirtings, doors and frames	$1,400.00	Repair walls, skirtings, doors and frames
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$752.29
Total payable by Tenant to Landlord	$752.29

Order

Kelly James Lintott and Shannon Shipton must pay A1 Property Managers Limited and Lisa Fabri and Baden Mcardle $752.29 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$94.29 Water rates$122.00 Cleaning, including carpets$1,245.00 Lawns and Garden work$57.50 Empty and clean rubbish bins$126.50 Compensation - carpet damage$200.00 Repair walls, skirtings, doors and frames$1,400.00 Filing fee reimbursement$27.00 Total award$3,272.29 Bond$2,520.00 Total payable by Tenant to Landlord$752.29
The Bond Centre is to pay the bond of $2,520.00 (6495839-008) to A1 Property Managers Limited as agent for Lisa Fabri and Baden Mcardle immediately.
This order replaces and incorporates the Mediated Order dated 27 November 2024 under this application.

Reasons

Both parties attended the hearing. Ms Nicholls and Mr Wilson represented the landlords.
The landlords have applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The parties attended mediation and the tenants accepted the claim for rent, water rates, the cost to empty and clean the rubbish bins, and the Tribunal application fee (Mediated Order dated 27 November 2024 under this application number).

Did the tenants comply with their obligations at the end of the tenancy?

I am satisfied on the evidence before me, in particular the photographs taken at the end of the tenancy, that the premises were not lefty reasonably clean and tidy as required by section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).
The amounts claimed are established by the production of invoices.

Are the tenants responsible for the damage to the premises?

To be successful in a claim for damage to the premises, the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
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 (here $750.00) or four weeks' rent: section 49B(3)(a) of the Act.
The landlords claim the cost to repair damage (chips, gouges, and scrapes) to all walls, the skirtings in the lounge/dining room and hall, two doors in the hall and a bedroom, and door frames. The landlords also claim the to replace the carpet in the lounge and a bedroom which were damaged by stains that could not be removed by cleaning. The tenants accept the small red coloured stains on the carpets (which they said may have been caused by the spilling of nail polish).
I am satisfied that the damage occurred during the tenancy. The property was new at the tenancy commencement. I am also satisfied that the landlord has established that the damage to the carpets and most of the damage to the paintwork is beyond fair wear and tear. However, I accept that some minor damage to walls and the like can be expected as a result of ordinary use of the premises by a family with two young children over a 14-month tenancy. I have therefore reduced the amount claimed to repair the paintwork by 20%.
I am not persuaded that the stains have so badly damaged the carpets that they require replacement. In the circumstances I consider a fair sum to compensate the landlords for the damage to the carpets is $200.00.

Tenancy Tribunal case 5052230 — Property damage at 78 Nethercote Way, Rolleston, Rolleston 7614

At a glance

Tenancy Tribunal case 5052230 — Property damage at 78 Nethercote Way, Rolleston, Rolleston 7614

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenants comply with their obligations at the end of the tenancy?

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions