What was the outcome of Tenancy Tribunal case 5127150?

The tribunal order states: Sreenivasa Rao Pendyala and Jyothi Turlapati will pay Barfoot & Thompson

How much money was awarded in case 5127150?

Cleaning: $150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Paint Touch Ups: $310.50 awarded to landlord; Scratched Kitchen Benchtop: $437.00 awarded to landlord; Stained Bathroom Benchtop: $414.00 awarded to landlord

What type of tenancy dispute was case 5127150?

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

Where can I read the official tribunal order for case 5127150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11562883-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5127150?

The tribunal order states: Sreenivasa Rao Pendyala and Jyothi Turlapati will pay Barfoot & Thompson

How much money was awarded in case 5127150?

Cleaning: $150.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Paint Touch Ups: $310.50 awarded to landlord; Scratched Kitchen Benchtop: $437.00 awarded to landlord; Stained Bathroom Benchtop: $414.00 awarded to landlord

What type of tenancy dispute was case 5127150?

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

Where can I read the official tribunal order for case 5127150?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11562883-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 6C William Roberts Road, Pakuranga, Auckland Tenancy Tribunal Case 5127150 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 5127150 — net $1,338.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$150.00	Cleaning
Repairs: Scratched kitchen benchtop	$437.00	Repairs: Scratched kitchen benchtop
Repairs: Stained bathroom benchtop	$414.00	Repairs: Stained bathroom benchtop
Repairs: Paint touch ups	$310.50	Repairs: Paint touch ups
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,338.50
Bond	$3,000.00
Total payable by Tenant to Landlord	$1,338.50

Sreenivasa Rao Pendyala and Jyothi Turlapati will pay Barfoot & Thompson Limited Mission Bay as Agent for Bruce Whanau Limited $1,338.50 from the bond, calculated as shown in the table below.

The Bond Centre is to pay the bond of $3,000.00 (6526315-004) immediately apportioned as follows: Barfoot & Thompson Limited Mission Bay As Agent For Bruce Whanau Limited: $1,338.50 Sreenivasa Rao Pendyala and Jyothi Turlapati: $1,661.50

Reasons

Both parties attended the hearing which took place by video conference.

The parties entered in to an agreement for a short tenancy of a new premises which began in March 2024 and ended on 31 October 2024.

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 landlord claimed that the tenant did not leave the premises reasonably clean and tidy and sought compensation in the sum of $299.00 for extra cleaning arranged at the premises.

The tenant stated that the premises were cleaned by his family prior to exiting and although they are not professional cleaners the premises were left reasonably clean and tidy.

It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to sell it or rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. It is common that a landlord wishes to clean to an extra level, that is a business decision that a landlord makes at their cost.

The landlord has provided exit photographs and a copy of the cleaning invoice in the sum of $299.00 which itemises the work done. The invoice refers to some matters which go beyond the reasonably clean and tidy standard including but not limited to polishing handrail, cleaning glass balustrade and spot cleaning garage floor.

Having considered the evidence I find that the majority of the inside of these premises was left reasonably clean and tidy. However, I am satisfied that some additional cleaning including in the kitchen and bathrooms was required. I order payment of one half of the invoice being $150.00 to be paid by the tenants towards this.

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.

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.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

The following damage was caused during the tenancy: (a) Damage to kitchen benchtop – the landlord provided photographs of scratches on the kitchen benchtop and an invoice in the sum of $437.00 -“To repair a scratched benchtop and match the pattern (as close as possible)”.The tenant denied intentionally causing the damage which is accepted and stated he did not know how the marks were made. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amount is ordered as sought. (b) Damage to bathroom vanity benchtop – the landlord provided photographs of stains on the bathroom vanity benchtop and an invoice in the sum of $414.00 -“To remove hair dye stains on a vanity and replicate the colour (as close as possible)”. The tenant agreed that the damage was caused accidentally by hair dye. He agreed to pay the cost of repair but was frustrated at the delay in receiving the invoice. The landlord explained that the work was done in November 2024 but there were delays in obtaining an invoice from the contractor. The damage is more than fair wear and tear. The amount is ordered as sought. (c) Damage to paintwork requiring touch ups – the landlord provided photographs of some dye spots on the bathroom door and photographs of paint touch ups that were done prior to the tenants leaving the premises which unfortunately used the wrong colour paint and left small run marks on the walls. The tenant explained that the neighbour offered to assist with touch ups and provided paint but unfortunately it was the wrong colour. It is accepted that the intention was good, but the result was that the landlord needed to repair the marks. The landlord provided an invoice for the repairs and the amount is ordered as sought.

The landlord advised that there was insurance cover but the excess is $700.00 per claim. The amounts ordered are less than the insurance excess for each claim.

Because Barfoot & Thompson Limited Mission Bay as Agent for Bruce Whanau Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 5127150 — net $1,338.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$150.00	Cleaning
Repairs: Scratched kitchen benchtop	$437.00	Repairs: Scratched kitchen benchtop
Repairs: Stained bathroom benchtop	$414.00	Repairs: Stained bathroom benchtop
Repairs: Paint touch ups	$310.50	Repairs: Paint touch ups
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,338.50
Bond	$3,000.00
Total payable by Tenant to Landlord	$1,338.50

Sreenivasa Rao Pendyala and Jyothi Turlapati will pay Barfoot & Thompson Limited Mission Bay as Agent for Bruce Whanau Limited $1,338.50 from the bond, calculated as shown in the table below.

Reasons

Both parties attended the hearing which took place by video conference.

The parties entered in to an agreement for a short tenancy of a new premises which began in March 2024 and ended on 31 October 2024.

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?

The landlord claimed that the tenant did not leave the premises reasonably clean and tidy and sought compensation in the sum of $299.00 for extra cleaning arranged at the premises.

The tenant stated that the premises were cleaned by his family prior to exiting and although they are not professional cleaners the premises were left reasonably clean and tidy.

Is the tenant responsible for the damage to the premises?

The landlord advised that there was insurance cover but the excess is $700.00 per claim. The amounts ordered are less than the insurance excess for each claim.

Because Barfoot & Thompson Limited Mission Bay as Agent for Bruce Whanau Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5127150 — Property damage at Unit/Flat 4, 6C William Roberts Road, Pakuranga, Auckland

At a glance

Tenancy Tribunal case 5127150 — Property damage at Unit/Flat 4, 6C William Roberts Road, Pakuranga, Auckland

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

Property management

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

Property management

Frequently asked questions