What was Tenancy Tribunal case 5377841 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5377841?

Cleaning: $359.95 awarded to landlord; Cleaning: $650.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $115.00 awarded to landlord

What type of tenancy dispute was case 5377841?

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

Where can I read the official tribunal order for case 5377841?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12866540-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5377841 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5377841?

Cleaning: $359.95 awarded to landlord; Cleaning: $650.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $115.00 awarded to landlord

What type of tenancy dispute was case 5377841?

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

Where can I read the official tribunal order for case 5377841?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12866540-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5377841 — Cleanliness

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Reasons

Claims and awards in Tenancy Tribunal application 5377841 — net $152.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement	$250.00	Carpet replacement
Curtain replacement	$150.00	Curtain replacement
Lock/key replacement	$115.00	Lock/key replacement
Cleaning	$650.00	Cleaning
Carpet Cleaning	$359.95	Carpet Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$152.95
Total payable by Tenant to Landlord	$152.95

The landlord attended the hearing. The tenant didn’t attend and couldn’t be reached on the phone numbers given in the Notice overhearing, which was properly served.

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

The bond of $1,400.00 has been paid to the landlord by agreement.

The landlord applied the bond to cleaning, locksmith and repair charges and brought this application to seek compensation for the cost of carpet and curtain replacement.

I required that evidence be provided showing how the bond was applied, to ensure that the landlord was entitled to the compensation paid from the bond.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not return the keys and the landlord is entitled to compensation for the lock replacement costs as proved by the invoice provided.

Exit inspection photographs show that the premises were left in very dirty and unhygienic condition. The landlord had the premises professionally clean and paid the cleaners $961.40. The invoice has been provided.

The invoice details the deep cleaning work done to clean the premises. The evidence suggests that the cleaning work the landlord is asking the tenant to pay for will bring the premises to significantly better condition than it was at the start of the tenancy.

The cleaning included for instance, cleaning fly dirt from ceilings, cleaning marks from walls and skirtings. The entry inspection report and photos show walls, doors and skirtings as being marked or scuffed throughout with historic fly dirt on the ceilings.

The tenant should not be required to pay for cleaning that was already needed when the tenancy began. The compensation awarded is less than the amount of the total cleaning cost for that reason.

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.

In assessing compensation, betterment and depreciation need to be taken into account. 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.

Photographs show that there was a hole in the lounge wall not present at the start of the tenancy. It is more than fair wear and tear and the landlord is entitled to be compensated for the repair cost which is proved by the invoice provided.

The carpets were left by dirty and needed to be replaced. The landlord claims $1,178.73, 40% of the replacement cost as shown in the invoice provided for the carpet replacement.

From the photographs provided, the carpets are shown to be very much older than their expected useful life as shown in the IRD depreciation tables. Moreover, the entry inspection report describes them at the start of the tenancy as old and worn, stained and in poor condition.

The evidence shows that the tenant treated the carpets badly, resulting in the need for them to be immediately replaced. However, the loss caused to the landlord is minimal as they clearly were in need of imminent replacement anyway. The maintenance comments in the exit inspection report notes the carpet replacement as “owner responsibility”. Only very modest compensation is appropriate to recognise the tenant’s additional damage.

The curtains also needed to be replaced. The photo evidence shows them to be of older type but in reasonable condition at the start of the tenancy. The property manager’s evidence is that some curtains were removed and replaced by the tenant.

IRD depreciation table give curtains a expected useful life of 8 years. It is more likely than not that most of he curtains were at least that old but I accept they had some residual value and might not need to have ben replaced immediately but for the tenant’s breach of his obligations. Compensation is awarded accordingly.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 5377841 — net $152.95 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet replacement	$250.00	Carpet replacement
Curtain replacement	$150.00	Curtain replacement
Lock/key replacement	$115.00	Lock/key replacement
Cleaning	$650.00	Cleaning
Carpet Cleaning	$359.95	Carpet Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$152.95
Total payable by Tenant to Landlord	$152.95