What was the outcome of Tenancy Tribunal case 5178012?

The tribunal order states: Alice Rose and Robert Crump to pay Wilton Family Holdings Trust (Trustees:

How much money was awarded in case 5178012?

Cleaning: $678.00 awarded to landlord; Cleaning: $120.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Property Damage: $90.00 awarded to landlord; Deck Staining And Mat Purchase: $220.00 awarded to landlord; To Walls, Beyond Fair Wear And Tear: $1,125.00 awarded to landlord; Window Latches: $277.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rubbish Removal: $130.00 awarded to landlord

What type of tenancy dispute was case 5178012?

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

Where can I read the official tribunal order for case 5178012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11971021-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5178012?

The tribunal order states: Alice Rose and Robert Crump to pay Wilton Family Holdings Trust (Trustees:

How much money was awarded in case 5178012?

Cleaning: $678.00 awarded to landlord; Cleaning: $120.00 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $100.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Property Damage: $90.00 awarded to landlord; Deck Staining And Mat Purchase: $220.00 awarded to landlord; To Walls, Beyond Fair Wear And Tear: $1,125.00 awarded to landlord; Window Latches: $277.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rubbish Removal: $130.00 awarded to landlord

What type of tenancy dispute was case 5178012?

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

Where can I read the official tribunal order for case 5178012?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11971021-Tenancy_Tribunal_Order.pdf.

10 Sunnyside Lane, Wanaka, Wanaka 9305 Tenancy Tribunal Case 5178012 — Property damage

Claims and awards in Tenancy Tribunal application 5178012 — net $3,137.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: to a reasonably clean and tidy standard only	$200.00	Cleaning: to a reasonably clean and tidy standard only
Carpet Cleaning: including stain removal	$678.00	Carpet Cleaning: including stain removal
Repairs: window latches	$277.00	Repairs: window latches
Repairs: to walls, beyond fair wear and tear	$1,125.00	Repairs: to walls, beyond fair wear and tear
Repairs: deck staining and mat purchase	$220.00	Repairs: deck staining and mat purchase
Replace furnishings: cord on blind repairs	$150.00	Replace furnishings: cord on blind repairs
Key replacement	$20.00	Key replacement
Replacement cost to outdoor chairs	$90.00	Replacement cost to outdoor chairs
Lawns and Garden (weeding) work	$100.00	Lawns and Garden (weeding) work
Cleaning: residue off walls	$120.00	Cleaning: residue off walls
Rubbish removal: including tenant’s desk and dog fence remediation and ash	$130.00	Rubbish removal: including tenant’s desk and dog fence remediation and ash
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,137.00
Bond	$4,800.00
Total payable by Tenant to Landlord	$3,137.00

Claims and awards in Tenancy Tribunal application 5178012 — net $3,137.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Cleaning: to a reasonably clean and tidy standard only

$200.00

Cleaning: to a reasonably clean and tidy standard only

Carpet Cleaning: including stain removal

$678.00

Carpet Cleaning: including stain removal

Repairs: window latches

$277.00

Repairs: window latches

Repairs: to walls, beyond fair wear and tear

$1,125.00

Repairs: to walls, beyond fair wear and tear

Repairs: deck staining and mat purchase

$220.00

Repairs: deck staining and mat purchase

Replace furnishings: cord on blind repairs

$150.00

Replace furnishings: cord on blind repairs

Key replacement

$20.00

Key replacement

Replacement cost to outdoor chairs

$90.00

Replacement cost to outdoor chairs

Lawns and Garden (weeding) work

$100.00

Lawns and Garden (weeding) work

Cleaning: residue off walls

$120.00

Cleaning: residue off walls

Rubbish removal: including tenant’s desk and dog fence remediation and ash

$130.00

Rubbish removal: including tenant’s desk and dog fence remediation and ash

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$3,137.00

Bond

$4,800.00

Total payable by Tenant to Landlord

$3,137.00

Order

Alice Rose and Robert Crump to pay Wilton Family Holdings Trust (Trustees: Emily And Hedley Wilton) $3,137.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $4,800.00 (6044015-001) immediately apportioned as follows: Wilton Family Holdings Trust (Trustees: Emily And Hedley Wilton): $3,137.00 Alice Rose and Robert Crump: $1,663.00

Reasons

Both parties attended the hearing.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy in January 2025.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. I have moderated the cleaning costs claimed to recognise the tenant’s obligation to bring the premises to a reasonable, rather than professional standard. The landlord also had to attend to weeding in the garden.

The walls and carpet had to be cleaned thoroughly, including stain removal on the carpets.

The tenant did not return one of the keys.

The outdoor chair was damaged upon return.

Only the amounts ordered are proved.

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.

The following damage was caused during the tenancy: window latches, blinds, decking and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

Lastly, I dismiss the landlord’s claim about overcrowding and alleged commercial subletting of the premises. I prefer the tenant’s evidence that at no time has she sublet the premises for short-term rentals such as Airbnb. She had boarders and housemates staying in the other 3 bedrooms. I do not consider it necessary for the tenant to provide the boarders’ fullnames to the landlord in the circumstances. I also accept the tenant’s explanation that she had inadvertently allowed one extra occupant in the premises not realising that the maximum was 5 (instead of 6) occupants only. I consider the additional wear on the premises to be negligible. Finally, while the tenant had parted with possession of the premises during the last month of the tenancy, she only permitted one house- sitter to be there paying only $100.00 per week to the tenant. I do not consider the tenant to have acted improperly or breached the tenancy agreement in an adverse manner, under the circumstances.

Only the amounts ordered are proved.

The bond will be disbursed to the parties accordingly as set out above.

Claims and awards in Tenancy Tribunal application 5178012 — net $3,137.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: to a reasonably clean and tidy standard only	$200.00	Cleaning: to a reasonably clean and tidy standard only
Carpet Cleaning: including stain removal	$678.00	Carpet Cleaning: including stain removal
Repairs: window latches	$277.00	Repairs: window latches
Repairs: to walls, beyond fair wear and tear	$1,125.00	Repairs: to walls, beyond fair wear and tear
Repairs: deck staining and mat purchase	$220.00	Repairs: deck staining and mat purchase
Replace furnishings: cord on blind repairs	$150.00	Replace furnishings: cord on blind repairs
Key replacement	$20.00	Key replacement
Replacement cost to outdoor chairs	$90.00	Replacement cost to outdoor chairs
Lawns and Garden (weeding) work	$100.00	Lawns and Garden (weeding) work
Cleaning: residue off walls	$120.00	Cleaning: residue off walls
Rubbish removal: including tenant’s desk and dog fence remediation and ash	$130.00	Rubbish removal: including tenant’s desk and dog fence remediation and ash
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,137.00
Bond	$4,800.00
Total payable by Tenant to Landlord	$3,137.00

Claims and awards in Tenancy Tribunal application 5178012 — net $3,137.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Cleaning: to a reasonably clean and tidy standard only

$200.00

Cleaning: to a reasonably clean and tidy standard only

Carpet Cleaning: including stain removal

$678.00

Carpet Cleaning: including stain removal

Repairs: window latches

$277.00

Repairs: window latches

Repairs: to walls, beyond fair wear and tear

$1,125.00

Repairs: to walls, beyond fair wear and tear

Repairs: deck staining and mat purchase

$220.00

Repairs: deck staining and mat purchase

Replace furnishings: cord on blind repairs

$150.00

Replace furnishings: cord on blind repairs

Key replacement

$20.00

Key replacement

Replacement cost to outdoor chairs

$90.00

Replacement cost to outdoor chairs

Lawns and Garden (weeding) work

$100.00

Lawns and Garden (weeding) work

Cleaning: residue off walls

$120.00

Cleaning: residue off walls

Rubbish removal: including tenant’s desk and dog fence remediation and ash

$130.00

Rubbish removal: including tenant’s desk and dog fence remediation and ash

Filing fee reimbursement

$27.00

Filing fee reimbursement

Net award

$3,137.00

Bond

$4,800.00

Total payable by Tenant to Landlord

$3,137.00

Order

Alice Rose and Robert Crump to pay Wilton Family Holdings Trust (Trustees: Emily And Hedley Wilton) $3,137.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $4,800.00 (6044015-001) immediately apportioned as follows: Wilton Family Holdings Trust (Trustees: Emily And Hedley Wilton): $3,137.00 Alice Rose and Robert Crump: $1,663.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy in January 2025.

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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. I have moderated the cleaning costs claimed to recognise the tenant’s obligation to bring the premises to a reasonable, rather than professional standard. The landlord also had to attend to weeding in the garden.
The walls and carpet had to be cleaned thoroughly, including stain removal on the carpets.
The tenant did not return one of the keys.
The outdoor chair was damaged upon return.
Only the amounts ordered are proved.

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.
The following damage was caused during the tenancy: window latches, blinds, decking and walls. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Lastly, I dismiss the landlord’s claim about overcrowding and alleged commercial subletting of the premises. I prefer the tenant’s evidence that at no time has she sublet the premises for short-term rentals such as Airbnb. She had boarders and housemates staying in the other 3 bedrooms. I do not consider it necessary for the tenant to provide the boarders’ fullnames to the landlord in the circumstances. I also accept the tenant’s explanation that she had inadvertently allowed one extra occupant in the premises not realising that the maximum was 5 (instead of 6) occupants only. I consider the additional wear on the premises to be negligible. Finally, while the tenant had parted with possession of the premises during the last month of the tenancy, she only permitted one house- sitter to be there paying only $100.00 per week to the tenant. I do not consider the tenant to have acted improperly or breached the tenancy agreement in an adverse manner, under the circumstances.
Only the amounts ordered are proved.
The bond will be disbursed to the parties accordingly as set out above.

Tenancy Tribunal case 5178012 — Property damage at 10 Sunnyside Lane, Wanaka, Wanaka 9305

At a glance

Tenancy Tribunal case 5178012 — Property damage at 10 Sunnyside Lane, Wanaka, Wanaka 9305

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