What was the outcome of Tenancy Tribunal case 5417172?

The tribunal order states: Michele Ralfe to pay Braziers Limited as agent for Andrea Arnott $2,194.00

How much money was awarded in case 5417172?

Cleaning: $340.00 awarded to landlord; Cleaning: $115.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,711.00 awarded to landlord

What type of tenancy dispute was case 5417172?

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

Where can I read the official tribunal order for case 5417172?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13155073-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5417172?

The tribunal order states: Michele Ralfe to pay Braziers Limited as agent for Andrea Arnott $2,194.00

How much money was awarded in case 5417172?

Cleaning: $340.00 awarded to landlord; Cleaning: $115.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,711.00 awarded to landlord

What type of tenancy dispute was case 5417172?

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

Where can I read the official tribunal order for case 5417172?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13155073-Tenancy_Tribunal_Order.pdf.

31A Boon Street, Sydenham, Christchurch 8023 Tenancy Tribunal Case 5417172 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5417172 — net $2,194.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning (by consent	$115.00	Cleaning (by consent
Carpet stain removal and carpet cleaning	$340.00	Carpet stain removal and carpet cleaning
Paint repairs to walls – depreciated 20	$1,711.00	Paint repairs to walls – depreciated 20
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,194.00
Bond	$2,236.00
Total payable by Tenant to Landlord	$2,194.00

Michele Ralfe to pay Braziers Limited as agent for Andrea Arnott $2,194.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,236.00 (3576249-009) immediately apportioned as follows: Braziers Limited as agent for Andrea Arnott: $2,194.00 Michele Ralfe: $42.00

Reasons

Both parties attended the hearing which I conducted by video. Mr Peterson represented the landlord.

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 1 . .

The tenant accepted the landlord’s claim for cleaning. I allow that claim by consent.

The landlord has claimed for carpet cleaning. The invoice details stain removal ($200.00) and carpet cleaning ($140.00).

The claim concerns the master bedroom where the tenant accepts there was staining on the carpet due to hair dye. I find this claim proved.

The fact that the tenant had the carpets cleaned at her cost at the start of the tenancy does not act as a set-off for her responsibilities at the end of the tenancy. The invoice produced in evidence is for the room where the carpet was stained by hair dye.

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 2 .

There was damage to many areas on most of the walls which the tenant attempted to repair and repaint. The painting was not done to a professional standard; the colours varied and were mismatched.

The tenant accepted responsibility for the damage. She offered to contribute $500 toward the repainting cost because she said the walls had some scuffs and marks due to fair wear and tear before her tenancy started. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA) 2 See sections 40(2)(a), 41 and 49B RTA

Mr Peterson said the landlord obtained 3 quotes and chose the lowest. The work has since been done. The repaint work required was extensive to achieve a reasonable finish.

The premises were decorated about 8 years ago. Mr Peterson said they did not need repainting.

I have assessed the photographic and other evidence. The paint repairs by the tenant were poorly done were significant in terms of their number and the areas affected.

I accept that some allowance must be made for depreciation. I have depreciated the landlord’s claim by 20%. The tenant’s liability is therefore $1,711.00.

The landlord incurred other costs such as a rent refund to the current tenants for 2 days while the painting work was done. The landlord has not claimed any additional costs. Result

The landlord’s claims are proved. Allowing for the depreciation on the paint repair claim, the tenant will pay the landlord $2,194.00 from the bond (which includes reimbursement of the filing fee). The balance of the bond of $42.00 will be paid to the tenant.

Claims and awards in Tenancy Tribunal application 5417172 — net $2,194.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning (by consent	$115.00	Cleaning (by consent
Carpet stain removal and carpet cleaning	$340.00	Carpet stain removal and carpet cleaning
Paint repairs to walls – depreciated 20	$1,711.00	Paint repairs to walls – depreciated 20
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,194.00
Bond	$2,236.00
Total payable by Tenant to Landlord	$2,194.00

Order

Michele Ralfe to pay Braziers Limited as agent for Andrea Arnott $2,194.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,236.00 (3576249-009) immediately apportioned as follows: Braziers Limited as agent for Andrea Arnott: $2,194.00 Michele Ralfe: $42.00

Reasons

Both parties attended the hearing which I conducted by video. Mr Peterson represented the landlord.
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 1 . .
The tenant accepted the landlord’s claim for cleaning. I allow that claim by consent.
The landlord has claimed for carpet cleaning. The invoice details stain removal ($200.00) and carpet cleaning ($140.00).
The claim concerns the master bedroom where the tenant accepts there was staining on the carpet due to hair dye. I find this claim proved.
The fact that the tenant had the carpets cleaned at her cost at the start of the tenancy does not act as a set-off for her responsibilities at the end of the tenancy. The invoice produced in evidence is for the room where the carpet was stained by hair dye.

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 2 .
There was damage to many areas on most of the walls which the tenant attempted to repair and repaint. The painting was not done to a professional standard; the colours varied and were mismatched.
The tenant accepted responsibility for the damage. She offered to contribute $500 toward the repainting cost because she said the walls had some scuffs and marks due to fair wear and tear before her tenancy started. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA) 2 See sections 40(2)(a), 41 and 49B RTA
Mr Peterson said the landlord obtained 3 quotes and chose the lowest. The work has since been done. The repaint work required was extensive to achieve a reasonable finish.
The premises were decorated about 8 years ago. Mr Peterson said they did not need repainting.
I have assessed the photographic and other evidence. The paint repairs by the tenant were poorly done were significant in terms of their number and the areas affected.
I accept that some allowance must be made for depreciation. I have depreciated the landlord’s claim by 20%. The tenant’s liability is therefore $1,711.00.
The landlord incurred other costs such as a rent refund to the current tenants for 2 days while the painting work was done. The landlord has not claimed any additional costs. Result
The landlord’s claims are proved. Allowing for the depreciation on the paint repair claim, the tenant will pay the landlord $2,194.00 from the bond (which includes reimbursement of the filing fee). The balance of the bond of $42.00 will be paid to the tenant.

Tenancy Tribunal case 5417172 — Property damage at 31A Boon Street, Sydenham, Christchurch 8023

At a glance

Tenancy Tribunal case 5417172 — Property damage at 31A Boon Street, Sydenham, Christchurch 8023

At a glance

Award balance

Claims & awards

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

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