What was Tenancy Tribunal case 5414468 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5414468?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5414468?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5414468?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13277576-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5414468 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5414468?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5414468?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5414468?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13277576-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 308, 13 Dundonald Street, Eden Terrace, Tenancy Tribunal Case 5414468 — Cleanliness

Tenantcheck Insights

Reasons

Both parties attended the hearing by video conference.

The landlord has applied for compensation for a discoloured shower slide, refund of part of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 contends that the golden coloured shower slide had been discoloured and therefore damaged during the tenancy. The landlord submits that the damage is more than fair wear and tear, and the gold discolouration is likely the result of the tenant using harsh and abrasive cleaning products or scrubs while cleaning.

The landlord seeks shower slide replacement cost of $187.45.

Having heard from the parties and viewed the photographs, I find that the discolouration is fair wear and tear from the tenant’s use and cleaning of the bathroom and shower slide.

It has not been shown objectively that the shower slide was made of high quality materials nor was any evidence produced by the landlord to indicate that the discolouration was not normal for the product installed.

I also prefer the tenant’s evidence that she had not intentionally nor carelessly damaged the shower slide. I accept the tenant’s explanation that she has used a common bathroom cleaning product which is from “eco store” which is not known to be abrasive nor harsh.

For those reasons, the tenant has disproved liability for the purported damage.

I find that the tenant has not intentionally nor carelessly discoloured the shower slide under those circumstances.

For the above reasons, the landlord’s claim for compensation is unsuccessful.

The tenancy having ended, the bond can now be returned to the tenant in full.

I also order suppression of the tenant’s names as she was wholly successful in her defence of the claim filed herein.

Reasons

Both parties attended the hearing by video conference.

The landlord has applied for compensation for a discoloured shower slide, refund of part of the bond, and reimbursement of the filing fee following the end of the tenancy.

Is the tenant responsible for the damage to the premises?

The landlord seeks shower slide replacement cost of $187.45.

Having heard from the parties and viewed the photographs, I find that the discolouration is fair wear and tear from the tenant’s use and cleaning of the bathroom and shower slide.

For those reasons, the tenant has disproved liability for the purported damage.

I find that the tenant has not intentionally nor carelessly discoloured the shower slide under those circumstances.

For the above reasons, the landlord’s claim for compensation is unsuccessful.

The tenancy having ended, the bond can now be returned to the tenant in full.

I also order suppression of the tenant’s names as she was wholly successful in her defence of the claim filed herein.

Tenancy Tribunal case 5414468 — Cleanliness at Unit/Flat Unit 308, 13 Dundonald Street, Eden Terrace,

At a glance

Tenancy Tribunal case 5414468 — Cleanliness at Unit/Flat Unit 308, 13 Dundonald Street, Eden Terrace,

At a glance

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions