What was Tenancy Tribunal case 5057311 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,108.00 from the bond, calculated as

How much money was awarded in case 5057311?

Cleaning: $150.00 awarded to landlord; Cleaning: $55.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $16.00 awarded to landlord; Kitchen Wallpaper: $460.00 awarded to landlord

What type of tenancy dispute was case 5057311?

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

Where can I read the official tribunal order for case 5057311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11527444-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5057311 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $1,108.00 from the bond, calculated as

How much money was awarded in case 5057311?

Cleaning: $150.00 awarded to landlord; Cleaning: $55.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $400.00 awarded to landlord; Property Damage: $16.00 awarded to landlord; Kitchen Wallpaper: $460.00 awarded to landlord

What type of tenancy dispute was case 5057311?

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

Where can I read the official tribunal order for case 5057311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11527444-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5057311 — Property damage

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5057311 — net $1,108.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess: vanity	$400.00	Insurance excess: vanity
Repairs: kitchen wallpaper	$460.00	Repairs: kitchen wallpaper
Key replacement	$16.00	Key replacement
Carpet Cleaning	$150.00	Carpet Cleaning
Cleaning	$55.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,108.00
Total payable by Tenant to Landlord	$1,108.00

[The tenant/s] must pay [The landlord/s] $1,108.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,108.00 ([Bond number suppressed]) immediately in the following way: $1,108.00 to [The landlord/s] $150.00 to [The respondent/s]

The Tribunal orders that all names and identifying details of both parties be suppressed from the published order.

Reasons

The landlord attended the hearing represented by [The landlord’s representative]. [Tenant 1] represented the tenants.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenants consent to the following claims: a. Cost for the keys being cut. b. Cost for repairing the wallpaper. c. The insurance excess for replacing the vanity. d. Cleaning.

Accordingly, those claims are made as sought subject to the amendment discussed below.

The amount of $400 is ordered for the insurance excess, not the $550 claimed. This is because pursuant to section 13A(4) of the Residential Tenancies Act 1986 (RTA) if a landlord’s insurance excess changes during the tenancy, they must advise the tenant. In the original tenancy agreement $400 was specified as the relevant insurance excess. The increase to $550 has not been advised, therefore the tenant is only liable for the previously advised amount.

I also note that the full amount claimed of $55 for cleaning is ordered ([The tenant/s] had agreed to it in part). This is because the photos provided in the outgoing inspection report do justify the landlord’s claim that the toilet was left dirty and as such the tenants had breached their obligation pursuant to section 40(1)(e)(iii) of the RTA to leave the premises reasonably clean and tidy in this respect. The amount ordered is considered reasonable in light of the evidence for cleaning the toilet, the bedroom ceiling and the shower shelves.

The claim the tenants object to is the $150 sought for cleaning the carpets. They say the carpets were in a reasonable state relative to how they received them at the commencement of the three-year tenancy. Further, the landlord had obtained quotes for replacing the carpet prior to the end of the tenancy given they were fairly old, so they challenge the veracity of the claim.

The landlord says that there was significant staining and a smell in three of the bedrooms that required a professional clean which was mainly successful in getting out the new staining. [The landlord’s representative] agrees the carpets are older but says they are still in good condition. They have not been replaced as the owner is not in a financial position to do so and the home has been re- tenanted.

She provided an ingoing and exit inspection with photos of the carpets to demonstrate that the staining was significantly more at the end of the tenancy.

The exit inspection notes: a. Bedroom 2 pink stain in doorway whilst the ingoing inspection notes marked in various areas and worn. b. Bedroom 3 professional clean required (outgoing) vs Tidy condition but some disclosures magma in various places (ingoing). c. Bedroom 4 professional clean required (outgoing) vs 1 noticeable stain yellow/brown Small black marks in macropod places (ingoing).

In looking at the photos I note the following: a. Bedroom 2 there is a new pink stain, but the others were as they were at the commencement. b. Bedroom 3 appears to have new stains. c. Bedroom 4 appears to have significantly more stains at the end than at the commencement.

The tenant's statutory obligation 1 is to leave the premises reasonably clean and reasonably tidy. This is not an absolute standard and it does not mean that the premises will necessarily be ready for occupation by a new tenant straight away. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord. The test as to whether premises are in a reasonably clean and tidy condition is an objective test, not to be determined on the basis of the subjective opinion of either the landlord or the tenant and allows for fair wear and tear. Also a tenant, generally, should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy.

Fair wear and tear is the expected toll taken on a house that comes from usual living. It is manifest that when a landlord rents premises to a tenant, that the tenants will live in the dwelling, and in the process cause some wear and tear. As far as carpets are concerned, it would be expected there may be some minor markings after residence for a two-year period. That is an incident of people living in the premises, and that damage (wear and tear) is ‘compensated’ by way of the rent payments the landlord receives.

Having assessed the evidence carefully, I am satisfied that there were more markings on the carpet at the end of the tenancy that exceed what could reasonably be expected with fair wear and tear. I am satisfied that the amount claimed is reasonable in light of that evidence as it is a modest amount.

Accordingly, this claim is upheld. Filing fee 1 Pursuant to section 40(1)(e)(iii)RTA

Because [The landlord/s] has substantially succeeded with the claim, pursuant to section 102(4)(b) of the RTA I have reimbursed the filing fee.

Should suppression be granted?

As the majority of this order is made by consent it is appropriate that suppression orders are made, as sought, by both parties.

Order

Claims and awards in Tenancy Tribunal application 5057311 — net $1,108.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Insurance excess: vanity	$400.00	Insurance excess: vanity
Repairs: kitchen wallpaper	$460.00	Repairs: kitchen wallpaper
Key replacement	$16.00	Key replacement
Carpet Cleaning	$150.00	Carpet Cleaning
Cleaning	$55.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,108.00
Total payable by Tenant to Landlord	$1,108.00

[The tenant/s] must pay [The landlord/s] $1,108.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,108.00 ([Bond number suppressed]) immediately in the following way: $1,108.00 to [The landlord/s] $150.00 to [The respondent/s]

The Tribunal orders that all names and identifying details of both parties be suppressed from the published order.

Reasons

The landlord attended the hearing represented by [The landlord’s representative]. [Tenant 1] represented the tenants.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The tenants consent to the following claims: a. Cost for the keys being cut. b. Cost for repairing the wallpaper. c. The insurance excess for replacing the vanity. d. Cleaning.

Accordingly, those claims are made as sought subject to the amendment discussed below.

She provided an ingoing and exit inspection with photos of the carpets to demonstrate that the staining was significantly more at the end of the tenancy.

Accordingly, this claim is upheld. Filing fee 1 Pursuant to section 40(1)(e)(iii)RTA

Because [The landlord/s] has substantially succeeded with the claim, pursuant to section 102(4)(b) of the RTA I have reimbursed the filing fee.

Should suppression be granted?

As the majority of this order is made by consent it is appropriate that suppression orders are made, as sought, by both parties.

Tenancy Tribunal case 5057311 — Property damage

At a glance

Tenancy Tribunal case 5057311 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Should suppression be granted?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should suppression be granted?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions