What was Tenancy Tribunal case 5298576 about?

The tribunal order states: [The tenant/s] tenant/s] to pay Wolfbrook Property Management Limited As Agent For

How much money was awarded in case 5298576?

Cleaning: $240.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $200.00 awarded to landlord

What type of tenancy dispute was case 5298576?

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

Where can I read the official tribunal order for case 5298576?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12550154-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5298576 about?

The tribunal order states: [The tenant/s] tenant/s] to pay Wolfbrook Property Management Limited As Agent For

How much money was awarded in case 5298576?

Cleaning: $240.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $200.00 awarded to landlord

What type of tenancy dispute was case 5298576?

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

Where can I read the official tribunal order for case 5298576?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12550154-Tenancy_Tribunal_Order.pdf.

21 Kildare Street, Waikouaiti, Waikouaiti 9510 Tenancy Tribunal Case 5298576 — Cleanliness

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21 Kildare Street, Waikouaiti, Waikouaiti 9510 Tenancy Tribunal Case 5298576 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5298576 — net $468.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$240.00	6. I am not persuaded by the tenant’s submission.
Repairs: to a door and to some wall damage	$200.00	Repairs: to a door and to some wall damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$468.00
Bond	$2,200.00
Total payable by Tenant to Landlord	$468.00

Claims and awards for application 5298576 — net $468.00 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $240.00
Awarded to: Landlord
Reason: 6. I am not persuaded by the tenant’s submission.

Repairs: to a door and to some wall damage

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: to a door and to some wall damage

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $468.00

Bond

Landlord $2,200.00

Total payable by Tenant to Landlord

Landlord $468.00

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

[The tenant/s] tenant/s] to pay Wolfbrook Property Management Limited As Agent For J & S Carter $468.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (5378321-001) immediately apportioned as follows: Wolfbrook Property Management Limited As Agent For J & S Carter: $468.00 [The tenant/s] tenant/s]: $1,732.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The tenant does not agree to the claims for carpet cleaning and some minor damage.

Did the tenant leave the carpet in a reasonable condition?

Tenants must return the premises in a reasonably clean and tidy state at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The landlord provided me with photos of the carpet at the start of the tenancy and photos taken at the end of the tenancy. There are stains in two of the rooms. The tenant said the stains were fair wear and tear.
I am not persuaded by the tenant’s submission. The claim is for cleaning, but I find the marks were more than fair wear and tear. I find the carpet was not left in a reasonably clean condition and the amount claimed for commercial cleaning is fair. The claim is proved and allowed.

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.
It is agreed evidence there was some damage to a door during the tenancy, there were stains on the walls in two of the bedrooms, there were scuff marks on the walls and skirtings, and there were some adhesive fasteners fixed to the walls. The landlord said the damage was greater than fair wear and tear. The owner had claimed $400 as a “fair” amount for doing the repair work himself. No invoice was provided. The tenant said any damage was fair wear and tear, and she had been instructed to use the adhesive fasteners by a previous property manager.
I have examined the photos. I find the scuffs were fair wear and tear. I find the tenant has the better evidence about the adhesive fasteners because she is the only one who was there when she was given advice about putting things on the walls. This part of the claim is dismissed.
I find the damage to the door and the stains on the walls in two of the bedrooms was more than fair wear and tear and the tenant has not disproved liability for the damage. I accept there will be some cost to the owner for repairs, but without an invoice I can only allow a small amount. I find $200 is a reasonable amount. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
A request has been sent to the Bond Centre.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5298576 — net $468.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$240.00	6. I am not persuaded by the tenant’s submission.
Repairs: to a door and to some wall damage	$200.00	Repairs: to a door and to some wall damage
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$468.00
Bond	$2,200.00
Total payable by Tenant to Landlord	$468.00

Claims and awards for application 5298576 — net $468.00 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $240.00
Awarded to: Landlord
Reason: 6. I am not persuaded by the tenant’s submission.

Repairs: to a door and to some wall damage

Amount: $200.00
Awarded to: Landlord
Reason: Repairs: to a door and to some wall damage

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $468.00

Bond

Landlord $2,200.00

Total payable by Tenant to Landlord

Landlord $468.00

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

[The tenant/s] tenant/s] to pay Wolfbrook Property Management Limited As Agent For J & S Carter $468.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,200.00 (5378321-001) immediately apportioned as follows: Wolfbrook Property Management Limited As Agent For J & S Carter: $468.00 [The tenant/s] tenant/s]: $1,732.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The tenant does not agree to the claims for carpet cleaning and some minor damage.

Did the tenant leave the carpet in a reasonable condition?

Tenants must return the premises in a reasonably clean and tidy state at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The landlord provided me with photos of the carpet at the start of the tenancy and photos taken at the end of the tenancy. There are stains in two of the rooms. The tenant said the stains were fair wear and tear.
I am not persuaded by the tenant’s submission. The claim is for cleaning, but I find the marks were more than fair wear and tear. I find the carpet was not left in a reasonably clean condition and the amount claimed for commercial cleaning is fair. The claim is proved and allowed.

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.
It is agreed evidence there was some damage to a door during the tenancy, there were stains on the walls in two of the bedrooms, there were scuff marks on the walls and skirtings, and there were some adhesive fasteners fixed to the walls. The landlord said the damage was greater than fair wear and tear. The owner had claimed $400 as a “fair” amount for doing the repair work himself. No invoice was provided. The tenant said any damage was fair wear and tear, and she had been instructed to use the adhesive fasteners by a previous property manager.
I have examined the photos. I find the scuffs were fair wear and tear. I find the tenant has the better evidence about the adhesive fasteners because she is the only one who was there when she was given advice about putting things on the walls. This part of the claim is dismissed.
I find the damage to the door and the stains on the walls in two of the bedrooms was more than fair wear and tear and the tenant has not disproved liability for the damage. I accept there will be some cost to the owner for repairs, but without an invoice I can only allow a small amount. I find $200 is a reasonable amount. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
A request has been sent to the Bond Centre.

Tenancy Tribunal case 5298576 — Cleanliness at 21 Kildare Street, Waikouaiti, Waikouaiti 9510

At a glance

Tenancy Tribunal case 5298576 — Cleanliness at 21 Kildare Street, Waikouaiti, Waikouaiti 9510

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant leave the carpet in a reasonable condition?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Did the tenant leave the carpet in a reasonable condition?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.