How much money was awarded in case 5447318?

Cleaning: $356.50 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Curtain Lining: $707.25 awarded to landlord

What type of tenancy dispute was case 5447318?

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

Where can I read the official tribunal order for case 5447318?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13236909-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5447318?

Cleaning: $356.50 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Curtain Lining: $707.25 awarded to landlord

What type of tenancy dispute was case 5447318?

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

Where can I read the official tribunal order for case 5447318?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13236909-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5447318 — Property damage

Q: What was Tenancy Tribunal case 5447318 about?

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

Order

Claims and awards in Tenancy Tribunal application 5447318 — net $1,841.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$356.50	Carpet Cleaning
Cleaning	$100.00	Cleaning
Repairs: Curtain Lining	$707.25	Repairs: Curtain Lining
Repairs: Bench Top - Insurance Excess	$650.00	Repairs: Bench Top - Insurance Excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,841.75
Bond	$1,920.00
Total payable by Tenant to Landlord	$1,841.75

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Victoria Jones and James Taylor to pay [The landlord/s] $1,841.75 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,841.75 Victoria Jones and James Taylor: $78.25

Reasons

Both parties attended the hearing by video.

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

The tenant has applied for refund of 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 landlord claims that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenant accepts the claim for carpet cleaning.

The landlord also claimed $241.50 for general cleaning. The required standard is reasonably clean; it is not pristine or commercially clean. The outgoing photographs show the premises were reasonably clean, except the bathroom. The landlord has established that additional work was required in that area. I award $100 for cleaning.

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.

Where the damage is caused carelessly, and is (or would be) covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

The landlord claims that the following damage was caused during the tenancy: bench tops burnt or discoloured, carpet damaged and curtain linings torn.

The photographic evidence shows that the laminate benchtops have been stained or burned. That is more than fair wear and tear and would not be expected on a reasonably new top. The tenant has not disproved liability for the damage. The landlord will have to repair or replace the tops before the end of their useful life or accept tops of lesser aesthetic value. I award an amount equivalent to her insurance excess as compensation.

The evidence also establishes that curtain linings were torn during the tenancy. That is more than fair and tear. The landlord took reasonable steps to have only the lining replaced on the damaged curtains. The landlord has proved its claim for $707.25 for replacement linings.

The landlord also claimed that carpet will have to be replaced but did not prove that claim. The landlord said that even after cleaning the carpet was stained, she did not take me to any evidence to support that. This aspect of the claim is dismissed.

As the landlord was the substantially successful party, I have awarded reimbursement of its Tribunal application fee and granted its request for suppression of its details.

Claims and awards in Tenancy Tribunal application 5447318 — net $1,841.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$356.50	Carpet Cleaning
Cleaning	$100.00	Cleaning
Repairs: Curtain Lining	$707.25	Repairs: Curtain Lining
Repairs: Bench Top - Insurance Excess	$650.00	Repairs: Bench Top - Insurance Excess
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,841.75
Bond	$1,920.00
Total payable by Tenant to Landlord	$1,841.75

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Victoria Jones and James Taylor to pay [The landlord/s] $1,841.75 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,920.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,841.75 Victoria Jones and James Taylor: $78.25

Reasons

Both parties attended the hearing by video.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant has applied for refund of 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 landlord claims that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenant accepts the claim for carpet cleaning.
The landlord also claimed $241.50 for general cleaning. The required standard is reasonably clean; it is not pristine or commercially clean. The outgoing photographs show the premises were reasonably clean, except the bathroom. The landlord has established that additional work was required in that area. I award $100 for cleaning.

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.
Where the damage is caused carelessly, and is (or would be) covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
The landlord claims that the following damage was caused during the tenancy: bench tops burnt or discoloured, carpet damaged and curtain linings torn.
The photographic evidence shows that the laminate benchtops have been stained or burned. That is more than fair wear and tear and would not be expected on a reasonably new top. The tenant has not disproved liability for the damage. The landlord will have to repair or replace the tops before the end of their useful life or accept tops of lesser aesthetic value. I award an amount equivalent to her insurance excess as compensation.
The evidence also establishes that curtain linings were torn during the tenancy. That is more than fair and tear. The landlord took reasonable steps to have only the lining replaced on the damaged curtains. The landlord has proved its claim for $707.25 for replacement linings.
The landlord also claimed that carpet will have to be replaced but did not prove that claim. The landlord said that even after cleaning the carpet was stained, she did not take me to any evidence to support that. This aspect of the claim is dismissed.
As the landlord was the substantially successful party, I have awarded reimbursement of its Tribunal application fee and granted its request for suppression of its details.

Tenancy Tribunal case 5447318 — Property damage

At a glance

Award balance

Tenancy Tribunal case 5447318 — Property damage

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

Frequently asked questions

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

Frequently asked questions