What was the outcome of Tenancy Tribunal case 5163742?

The tribunal order states: Jared Taylor and Crystal Feist to pay and Magna Homes Ltd $677.00 from the

How much money was awarded in case 5163742?

Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $450.00 awarded to landlord

What type of tenancy dispute was case 5163742?

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

Where can I read the official tribunal order for case 5163742?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11742277-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5163742?

The tribunal order states: Jared Taylor and Crystal Feist to pay and Magna Homes Ltd $677.00 from the

How much money was awarded in case 5163742?

Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $450.00 awarded to landlord

What type of tenancy dispute was case 5163742?

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

Where can I read the official tribunal order for case 5163742?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11742277-Tenancy_Tribunal_Order.pdf.

Unit/Flat 6, 157 Ulster Street, Whitiora, Hamilton 3200 Tenancy Tribunal Case 5163742 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 5163742 — net $677.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning including carpets	$200.00	Cleaning including carpets
Dishwasher damage	$450.00	Dishwasher damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$677.00
Bond	$2,760.00
Total payable by Tenant to Landlord	$677.00

Jared Taylor and Crystal Feist to pay and Magna Homes Ltd $677.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,760.00 (5204970-021) immediately apportioned as follows: Online Rentals Limited T/A Ray White Hamilton As Agent For Magna Homes Ltd (Gary Cairns): $677.00 Jared Taylor and Crystal Feist: $2,083.00

Reasons

Both parties attended the hearing. Ms Bish represented the landlord. Mr Taylor represented the tenants.

The landlord has applied for compensation for cleaning and damage to the dishwasher door, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Mr Taylor disputes the claims.

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

Ms Bish claims the sum of $245.00 to clean the premises, including the carpets, at the end of the tenancy.

I am satisfied that the landlord has provided sufficient evidence, in particular photographic evidence, to establish that parts of the premises, including the bedroom carpets, were not left reasonably clean as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

In the circumstances I consider the sum of $200.00 reasonable to compensate the landlord for the work required to bring it to a reasonably clean standard. I have reduced the amount claimed because I do not consider that the landlord has established that all carpets (other than the bedroom carpet) were not left reasonably clean.

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.

The landlord claims the cost to replace the dishwasher stainless steel door panel which was damaged by scratching/scouring.

Mr Taylor denies liability for the damage saying that they did not cause the damage but if they did it was accidental, cosmetic only and replacing the door is not required.

I am satisfied that the landlord has established that the door was damaged during the tenancy. Mr Taylor did not claim that the damage was there at the tenancy commencement and the pre tenancy inspection report does not record any damage. I am also satisfied that the damage is beyond fair wear and tear and was likely caused carelessly, probably by the use of an abrasive product to clean it. I therefore find the tenants liable for the damage.

The amount claimed ($623.00) is based on a quote to purchase a replacement door panel ($450.00) plus an estimate for the installation of the door by a contractor (if required). Ms Bish confirmed that the landlord has not yet replaced the door (but intends to do so). Given that the door has not yet been replaced it is uncertain whether the landlord will employ a contractor to complete the installation and if so, at what cost. I have therefore only awarded the landlord the cost to purchase the new door panel.

The landlord has been mostly successful in its claims, and I consider this an appropriate case to award payment of the Tribunal application fee.

Order

Claims and awards in Tenancy Tribunal application 5163742 — net $677.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning including carpets	$200.00	Cleaning including carpets
Dishwasher damage	$450.00	Dishwasher damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$677.00
Bond	$2,760.00
Total payable by Tenant to Landlord	$677.00

Jared Taylor and Crystal Feist to pay and Magna Homes Ltd $677.00 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing. Ms Bish represented the landlord. Mr Taylor represented the tenants.

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

Ms Bish claims the sum of $245.00 to clean the premises, including the carpets, at the end of the tenancy.

Are the tenants responsible for the damage to the premises?

The landlord claims the cost to replace the dishwasher stainless steel door panel which was damaged by scratching/scouring.

Mr Taylor denies liability for the damage saying that they did not cause the damage but if they did it was accidental, cosmetic only and replacing the door is not required.

The landlord has been mostly successful in its claims, and I consider this an appropriate case to award payment of the Tribunal application fee.

Tenancy Tribunal case 5163742 — Property damage at Unit/Flat 6, 157 Ulster Street, Whitiora, Hamilton 3200

At a glance

Tenancy Tribunal case 5163742 — Property damage at Unit/Flat 6, 157 Ulster Street, Whitiora, Hamilton 3200

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