What was Tenancy Tribunal case 5079031 about?

The tribunal order states: The Bond Centre is to pay $1,058.00 from the bond of $3,000.00 ([Bond number

How much money was awarded in case 5079031?

Cleaning: $497.38 awarded to landlord; Cleaning: $146.62 awarded to landlord; Table - Sand And Revarnish: $414.00 awarded to landlord

What type of tenancy dispute was case 5079031?

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

Where can I read the official tribunal order for case 5079031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11233009-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5079031 about?

The tribunal order states: The Bond Centre is to pay $1,058.00 from the bond of $3,000.00 ([Bond number

How much money was awarded in case 5079031?

Cleaning: $497.38 awarded to landlord; Cleaning: $146.62 awarded to landlord; Table - Sand And Revarnish: $414.00 awarded to landlord

What type of tenancy dispute was case 5079031?

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

Where can I read the official tribunal order for case 5079031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11233009-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5079031 — Cleanliness

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Reasons

Claims and awards in Tenancy Tribunal application 5079031 — net $1,058.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: drapes	$497.38	Cleaning: drapes
Cleaning: shower waste clean	$146.62	Cleaning: shower waste clean
Repairs: table - sand and revarnish	$414.00	Repairs: table - sand and revarnish
Net award	$1,058.00
Total payable by Tenant to Landlord	$1,058.00

Both parties attended the hearing. Bond

[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.

A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.

The landlord has provided evidence that the bond was lodged. It appears that the tenant had not received a notification email, however, as the landlord had fulfilled their obligations by fling the bond, the lack of an email is no breach. I dismiss the tenants’ claim for exemplary damages.

The landlord has counter claimed for the costs of cleaning the property and repairing damage to a table in the property. The table

The tenancy was furnished. Amongst the furniture was a table which the landlord alleges suffered water damage during the tenancy. The pre and post tenancy photos show that during the tenancy the table has suffered visible and significant water damage and surface wear which was more than fair wear and tear for the relatively short (6 month) tenancy. A tenant is liable for damage to landlord’s chattels, see sections 40(2)(a), 41 and 49B RTA.

The tenant objects to the cost of sanding and revarnishing the table, on the basis that they were not kept informed of the work and that the costs ($414) are unreasonable. Considering these objections, I note that: a. The table was 2 years old, and entry photos show it was in reasonably good condition prior to the tenancy. b. The exit report clearly identifies the damage, noting “lots of watermarks”. c. The work was carried out and was invoiced for by an independent contractor. d. The work involved varnishing which made it necessary for the table to be taken to the contractor’s premises. e. The rate charged ($90) is reasonable for this type of work.

I find that the invoiced amount was reasonable for the work done and award the landlord $414. Cleaning curtains

A tenant has a duty to return the tenancy in a reasonable state of tidiness. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

What is reasonable is a question of fact, it will depend on factors including: a. The state of the tenancy at the beginning of the lease; b. The type, age, and condition of the property;

In the exit report extensive mildew was noted on drapes and sheer curtains in the bedroom, due to a lack of ventilation by the tenants. The landlord has had these cleaned at a cost of $497.38. The tenant argues that the cleaning cost was excessive and suggested that more curtains were cleaned than were admitted to.

Considering the issue, I note: a. The curtains and sheers are relatively new and are oversized, as they are for a large picture window. b. The exit report clearly identifies the damage, noting “Mildewed sheer curtains and mildew specks in the curtains linings”. The extent of the mildew necessitated 2 washes. c. The work was carried out and was invoiced for by an independent contractor whose business in part specialises in cleaning window dressings. d. There is no evidence that the work was for anything apart from the mildewed curtains. Rather, the evidence shows the opposite. e. The cost ($497.38) is cheaper than a comparative quote provided (after the fact) by the landlord ($765.60). The tenants’ comparative quote is for $272 with no hanging, or travel.

The tenant was advised of the issue, and the costs were reasonable given the extent of the mildew and the size of the curtains. I find that the curtains were not left reasonably clean and the tenant is liable for the reasonable costs of cleaning. I award the landlord $497.38. Cleaning the shower drain

The landlord has sought the costs of cleaning the shower waste ($146.62). The landlord says the waste was clogged with hair and was slimy and smelly. The post-tenancy photos show a hair clog post removal, and black mould around the waste.

The tenants object on the basis that the pre- tenancy photos show the waste was not perfectly clean, and the photo does show a small amount of dirtiness. However, it is markedly cleaner than it was left. The tenants also say the cost is excessive and point out that domestic cleaning products were used. I do not accept this is made out. The shower drain required cleaning with a drain snake, and the job was relatively extensive. I find the costs were reasonable and award the landlord $146.62.

Reasons

Claims and awards in Tenancy Tribunal application 5079031 — net $1,058.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: drapes	$497.38	Cleaning: drapes
Cleaning: shower waste clean	$146.62	Cleaning: shower waste clean
Repairs: table - sand and revarnish	$414.00	Repairs: table - sand and revarnish
Net award	$1,058.00
Total payable by Tenant to Landlord	$1,058.00

Both parties attended the hearing. Bond

[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.

A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.

The landlord has counter claimed for the costs of cleaning the property and repairing damage to a table in the property. The table

I find that the invoiced amount was reasonable for the work done and award the landlord $414. Cleaning curtains

A tenant has a duty to return the tenancy in a reasonable state of tidiness. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

What is reasonable is a question of fact, it will depend on factors including: a. The state of the tenancy at the beginning of the lease; b. The type, age, and condition of the property;

Tenancy Tribunal case 5079031 — Cleanliness

At a glance

Tenancy Tribunal case 5079031 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions