What was Tenancy Tribunal case 5301199 about?

The tribunal order states: [The tenant/s] to pay Opes Property Management South Limited As

How much money was awarded in case 5301199?

Cleaning: $425.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Aluminium: $200.00 awarded to landlord; Property Damage: $600.63 awarded to landlord; Drawer Front: $135.00 awarded to landlord; Property Damage: $604.80 awarded to landlord

What type of tenancy dispute was case 5301199?

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

Where can I read the official tribunal order for case 5301199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12377135-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5301199 about?

The tribunal order states: [The tenant/s] to pay Opes Property Management South Limited As

How much money was awarded in case 5301199?

Cleaning: $425.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Aluminium: $200.00 awarded to landlord; Property Damage: $600.63 awarded to landlord; Drawer Front: $135.00 awarded to landlord; Property Damage: $604.80 awarded to landlord

What type of tenancy dispute was case 5301199?

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

Where can I read the official tribunal order for case 5301199?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12377135-Tenancy_Tribunal_Order.pdf.

6 Mehrtens Crescent, Woodend, Woodend 7610 Tenancy Tribunal Case 5301199 — Property damage

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6 Mehrtens Crescent, Woodend, Woodend 7610 Tenancy Tribunal Case 5301199 — Property damage | 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 5301199 — net $2,293.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$425.50	Carpet Cleaning
Repairs	$300.00	Repairs
Repairs: Hob Replacement	$604.80	Repairs: Hob Replacement
Repairs: Drawer Front	$135.00	Repairs: Drawer Front
Repairs: Blind Replacement	$600.63	Repairs: Blind Replacement
Repairs: Aluminium	$200.00	Repairs: Aluminium
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,293.93
Bond	$2,560.00
Total payable by Tenant to Landlord	$2,293.93

Claims and awards for application 5301199 — net $2,293.93 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $425.50
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs

Amount: $300.00
Awarded to: Landlord
Reason: Repairs

Repairs: Hob Replacement

Amount: $604.80
Awarded to: Landlord
Reason: Repairs: Hob Replacement

Repairs: Drawer Front

Amount: $135.00
Awarded to: Landlord
Reason: Repairs: Drawer Front

Repairs: Blind Replacement

Amount: $600.63
Awarded to: Landlord
Reason: Repairs: Blind Replacement

Dismissed claims

Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Cleanliness

Order

[The tenant/s] to pay Opes Property Management South Limited As Agent For Jennifer & Robyn Mitchell $2,293.93 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,560.00 (6528566-007) immediately apportioned as follows: Opes Property Management South Limited As Agent For Jennifer & Robyn Mitchell: $2,293.93 [The tenant/s]: $266.07

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.

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 claimed cleaning and carpet cleaning costs.
The standard is reasonably clean, it is not pristine or commercially clean. The landlord provided copies of two exit inspection reports with extensive photographs. While some “spot” cleaning might have been required, it was minimal. I view the premises as reasonably clean. The claim for cleaning costs is dismissed.
The tenant had had the carpets cleaned, but staining remained. The tenant’s cleaner declined to return to remove the residual marking and described the stains as permanent. The landlord engaged an alternative cleaner, who removed the stains and returned the carpets to a reasonable condition. The claims for carpet cleaning costs of $425.50 is 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 tenant accepted claims for a replacement hob ($604.80), replacement blind ($600.63) and kitchen drawer front ($135.00).
The landlord claimed that other damage was caused during the tenancy and was more than fair wear and tear. The landlord provided an invoice for general repairs of $758.43 and aluminium joinery repairs of $365.13.
I award $300.00 of the general repairs claimed. The invoice included a replacement bin which the tenant said was never at the property. It also included some paint touch up which I would regard as normal wear and. Of that invoice, the landlord is entitled to recover the broken shelf, and repairs to bathroom door. I consider that $300 of that invoice is appropriate.
There appears to have been internal and external damage to a kitchen ranch slider door. I accept the tenant’s explanation for the internal damage being caused by the blind blowing and scratching the surface. The damage to the exterior cannot be explained in the same way and is not fair wear and tear. I award the landlord $200 of the invoice for aluminium repairs.
As the landlord was substantially successful, I also award reimbursement of the Tribunal application fee.

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 5301199 — net $2,293.93 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$425.50	Carpet Cleaning
Repairs	$300.00	Repairs
Repairs: Hob Replacement	$604.80	Repairs: Hob Replacement
Repairs: Drawer Front	$135.00	Repairs: Drawer Front
Repairs: Blind Replacement	$600.63	Repairs: Blind Replacement
Repairs: Aluminium	$200.00	Repairs: Aluminium
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,293.93
Bond	$2,560.00
Total payable by Tenant to Landlord	$2,293.93

Claims and awards for application 5301199 — net $2,293.93 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $425.50
Awarded to: Landlord
Reason: Carpet Cleaning

Repairs

Amount: $300.00
Awarded to: Landlord
Reason: Repairs

Repairs: Hob Replacement

Amount: $604.80
Awarded to: Landlord
Reason: Repairs: Hob Replacement

Repairs: Drawer Front

Amount: $135.00
Awarded to: Landlord
Reason: Repairs: Drawer Front

Repairs: Blind Replacement

Amount: $600.63
Awarded to: Landlord
Reason: Repairs: Blind Replacement

Dismissed claims

Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Cleanliness

Order

[The tenant/s] to pay Opes Property Management South Limited As Agent For Jennifer & Robyn Mitchell $2,293.93 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,560.00 (6528566-007) immediately apportioned as follows: Opes Property Management South Limited As Agent For Jennifer & Robyn Mitchell: $2,293.93 [The tenant/s]: $266.07

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.

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 claimed cleaning and carpet cleaning costs.
The standard is reasonably clean, it is not pristine or commercially clean. The landlord provided copies of two exit inspection reports with extensive photographs. While some “spot” cleaning might have been required, it was minimal. I view the premises as reasonably clean. The claim for cleaning costs is dismissed.
The tenant had had the carpets cleaned, but staining remained. The tenant’s cleaner declined to return to remove the residual marking and described the stains as permanent. The landlord engaged an alternative cleaner, who removed the stains and returned the carpets to a reasonable condition. The claims for carpet cleaning costs of $425.50 is 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 tenant accepted claims for a replacement hob ($604.80), replacement blind ($600.63) and kitchen drawer front ($135.00).
The landlord claimed that other damage was caused during the tenancy and was more than fair wear and tear. The landlord provided an invoice for general repairs of $758.43 and aluminium joinery repairs of $365.13.
I award $300.00 of the general repairs claimed. The invoice included a replacement bin which the tenant said was never at the property. It also included some paint touch up which I would regard as normal wear and. Of that invoice, the landlord is entitled to recover the broken shelf, and repairs to bathroom door. I consider that $300 of that invoice is appropriate.
There appears to have been internal and external damage to a kitchen ranch slider door. I accept the tenant’s explanation for the internal damage being caused by the blind blowing and scratching the surface. The damage to the exterior cannot be explained in the same way and is not fair wear and tear. I award the landlord $200 of the invoice for aluminium repairs.
As the landlord was substantially successful, I also award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5301199 — Property damage at 6 Mehrtens Crescent, Woodend, Woodend 7610

At a glance

Tenancy Tribunal case 5301199 — Property damage at 6 Mehrtens Crescent, Woodend, Woodend 7610

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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