What was the outcome of Tenancy Tribunal case 5229058?

The tribunal order states: Alana Kurei must pay Utrust Property Management Limited As Agent For Bulian

How much money was awarded in case 5229058?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $400.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $216.25 awarded to landlord

What type of tenancy dispute was case 5229058?

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

Where can I read the official tribunal order for case 5229058?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11937542-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5229058?

The tribunal order states: Alana Kurei must pay Utrust Property Management Limited As Agent For Bulian

How much money was awarded in case 5229058?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $400.00 awarded to landlord; Property Damage: $172.50 awarded to landlord; Property Damage: $216.25 awarded to landlord

What type of tenancy dispute was case 5229058?

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

Where can I read the official tribunal order for case 5229058?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11937542-Tenancy_Tribunal_Order.pdf.

36 Rosalind Street, Deanwell, Hamilton 3206 Tenancy Tribunal Case 5229058 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5229058 — net $1,315.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$500.00	Cleaning
Lawns and garden work	$400.00	Lawns and garden work
Lock/key replacement	$172.50	Lock/key replacement
Walls and door repairs	$216.25	Walls and door repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,315.75
Total payable by Tenant to Landlord	$1,315.75

The landlord attended the hearing which was held by teleconference. The tenant did not either of the calls made at the scheduled time on the number provided to the Tribunal.

The tenant has been served by email which is an address for service on her tenancy agreement.

Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.

The landlord has applied for compensation and reimbursement of the filing fee following 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.

The landlord stated that at the end of the tenancy, the tenant left the premises without vacuuming or dusting, without cleaning the kitchen or bathrooms, without cleaning the oven or draining the dishwasher, and with children’s drawing on the windows. The landlord provided photographs and an invoice for $500.00 for cleaning.

The claim is proved.

The tenant did not return the keys. The landlord provided photographs and an invoice in support of this claim.

This claim is proved.

The landlord claims that at the end of the tenancy the tenant left a large pile of grass clippings behind the shed. Behind the shed there were also many mature weeds. The landlord produced photographs and an invoice in support of this claim, which includes costs for replanting grass where it looks like a trampoline had killed the grass. Overall however, the back yard looks like it was left in good condition.

I consider the amount claimed to be excessive given the amount of clean up that is needed. I also consider the missing grass to be partially fair wear and tear. I have reduced the amount awarded accordingly.

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 landlord claims the tenant has caused damage to the walls in several rooms. The damage includes loss of paint to the edges of doors, and chips and nicks in the wall paint. The landlord stated that if the damage was of a similar kind but less in quantity, it could reasonably be considered fair wear and tear.

I accept the landlord’s submission on this point. I note that the tenancy was for five and a half years. I am required to take 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. Walls and doors for example, can be expected to need repainting every eight years. I have reduced the claim accordingly.

I consider some of the damage to be fair wear and tear and some to be careless.

The amounts ordered are proved.

Because Utrust Property Management Limited As Agent For Bulian Chen has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5229058 — net $1,315.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$500.00	Cleaning
Lawns and garden work	$400.00	Lawns and garden work
Lock/key replacement	$172.50	Lock/key replacement
Walls and door repairs	$216.25	Walls and door repairs
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,315.75
Total payable by Tenant to Landlord	$1,315.75

Order

Alana Kurei must pay Utrust Property Management Limited As Agent For Bulian Chen $1,315.75 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing which was held by teleconference. The tenant did not either of the calls made at the scheduled time on the number provided to the Tribunal.
The tenant has been served by email which is an address for service on her tenancy agreement.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
The landlord has applied for compensation and reimbursement of the filing fee following 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.
The landlord stated that at the end of the tenancy, the tenant left the premises without vacuuming or dusting, without cleaning the kitchen or bathrooms, without cleaning the oven or draining the dishwasher, and with children’s drawing on the windows. The landlord provided photographs and an invoice for $500.00 for cleaning.
The claim is proved.
The tenant did not return the keys. The landlord provided photographs and an invoice in support of this claim.
This claim is proved.
The landlord claims that at the end of the tenancy the tenant left a large pile of grass clippings behind the shed. Behind the shed there were also many mature weeds. The landlord produced photographs and an invoice in support of this claim, which includes costs for replanting grass where it looks like a trampoline had killed the grass. Overall however, the back yard looks like it was left in good condition.
I consider the amount claimed to be excessive given the amount of clean up that is needed. I also consider the missing grass to be partially fair wear and tear. I have reduced the amount awarded accordingly.

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 landlord claims the tenant has caused damage to the walls in several rooms. The damage includes loss of paint to the edges of doors, and chips and nicks in the wall paint. The landlord stated that if the damage was of a similar kind but less in quantity, it could reasonably be considered fair wear and tear.
I accept the landlord’s submission on this point. I note that the tenancy was for five and a half years. I am required to take 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. Walls and doors for example, can be expected to need repainting every eight years. I have reduced the claim accordingly.
I consider some of the damage to be fair wear and tear and some to be careless.
The amounts ordered are proved.
Because Utrust Property Management Limited As Agent For Bulian Chen has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5229058 — Cleanliness at 36 Rosalind Street, Deanwell, Hamilton 3206

At a glance

Tenancy Tribunal case 5229058 — Cleanliness at 36 Rosalind Street, Deanwell, Hamilton 3206

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions