How much money was awarded in case 5462969?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,035.00 awarded to landlord; Property Damage: $191.66 awarded to landlord

What type of tenancy dispute was case 5462969?

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

Where can I read the official tribunal order for case 5462969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14029143-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5462969?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,035.00 awarded to landlord; Property Damage: $191.66 awarded to landlord

What type of tenancy dispute was case 5462969?

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

Where can I read the official tribunal order for case 5462969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14029143-Tenancy_Tribunal_Order.pdf.

941 East Coast Road, Torbay, Auckland 0630 Tenancy Tribunal Case 5462969 — Property damage

Q: What was Tenancy Tribunal case 5462969 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay [The tenant/s] landlord/s], [The tenant/s] landlord/s] and Chand Family Trustee Company Limited

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Order

Claims and awards in Tenancy Tribunal application 5462969 — net $1,554.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to damage in bathroom	$1,035.00	Repairs to damage in bathroom
Oven cleaning	$300.00	Oven cleaning
Paint repairs (consent	$191.66	Paint repairs (consent
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,554.66
Bond	$4,200.00
Total payable by Tenant to Landlord	$1,554.66

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay [The tenant/s] landlord/s], [The tenant/s] landlord/s] and Chand Family Trustee Company Limited $1,554.66 from the bond, calculated as shown in table below:

The Bond Centre is to pay the bond of $4,200.00 (6306960-010) immediately apportioned as follows: [The tenant/s] landlord/s], [The tenant/s] landlord/s] and Chand Family Trustee Company Limited: $1,554.66 [The tenant/s] tenant/s] and [The tenant/s] tenant/s]: $2,645.34

The applications for the repair of kitchen vinyl, damage to the kitchen bench, water rates, and the cleaning of the garage are dismissed.

Reasons

Both parties attended the hearing which I held by Teams video, Ms Chand for the landlord and Ms Davenport for the tenants.

The landlord has applied for compensation for damage, water rates, cleaning costs, part refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of a 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 landlord has claimed for oven cleaning and for cleaning the garage after the tenancy ended.

I find the landlord’s claim for oven cleaning proved by the photos provided in evidence.

The tenant said she was willing to clean the oven but could not separate the glass fronts to get to the area that needed to be cleaned.

The solution to that was to engage a professional oven cleaner in the same way as she engaged a professional cleaner to clean the premises generally.

I do not find proved the landlord’s claim for the cleaning of the garage. That issue only arose because the new tenants considered the garage required further cleaning. From the available evidence I find that these tenants left the garage reasonably clean and tidy. Their statutory responsibility was no greater. Landlords must expect to have to do some cleaning between tenancies. Different tenants have different expectations at the start of a tenancy. The issue with the garage was really one between the landlord and the new tenants. That 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA) they wanted further cleaning done does not automatically impose the funding of the additional cleaning on these tenants.

Tenants are responsible to pay water rates for their water usage. The landlord claimed $39.82 for final water rates. However, Ms Chand could not produce the invoice for the small amount of water rates she claimed, nor could she confirm that the fixed charge component has been removed.

The tenants queried the payment of water rates during the tenancy. The tenants said they paid the invoices, apparently unaware that they were not liable for the fixed daily charges.

There is no tenant application before the Tribunal. I indicated to the parties that they should be able to resolve the issue of liability for water rates themselves. It is largely a mathematical calculation.

They should calculate from the invoices the fixed rate component which will be a credit owed to them by the landlord and deduct from that the water usage charges for the last few weeks of the tenancy.

Are the tenants 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 .

The parties reached an agreement for the tenants’ share of the repair of damage to downstairs walls and the repainting of those walls. They agreed that the tenants’ liability would be limited to $191.66. I have awarded that amount to the landlord by consent.

I find proved the landlord’s claim for the repair of damage to glass shower doors and a mirror in the bathroom. The landlord gave evidence that the tenants agreed to pay for this damage, or to repair it.

Ms Davenport said that the shower doors were very old. And the doors shattered due to their age. However, she removed the doors and that is when they broke. She said a builder who assessed the doors said they could not be replaced.

The landlord’s builder has reported that considerable force would have been required to remove the doors. He managed to source like for like replacement doors. 2 See sections 40(2)(a), 41 and 49B RTA

I find that this damage was careless damage for which the tenants are liable.

I do not find proved the landlord’s claim for compensation to vinyl flooring under where the fridge was located. The damage resulted from the fridge leaking which the tenants were unaware of.

The space where the vinyl is affected is small. It is a designated fridge space. It is intended always to have a fridge in that area. So, the relatively minor cosmetic damage will always be covered and not seen.

The landlord, sensibly, has not done anything to repair this small area, relying on advice that the affected area cannot be replaced.

For the small area of cosmetic damage which was neither carelessly nor intentionally damaged I decline to award compensation.

Nor do I award any compensation for a very small chip on the kitchen bench. The landlord sought $100.00. This damage would comfortably be considered as fair wear and tear. The landlord could not provide an invoice for any repair; she said the area was too small to get repaired. Result

The landlord’s claims are successful in the amount of $1,554.66 which includes reimbursement of the filing fee.

The claims for repairs to the kitchen vinyl, the kitchen bench and for water rates and cleaning the garage are dismissed.

The bond will be split between the parties - $1,554.66 to the landlord and $2,645.34 to the tenants. Name suppression

When asked, neither party sought name suppression.

Order

Claims and awards in Tenancy Tribunal application 5462969 — net $1,554.66 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs to damage in bathroom	$1,035.00	Repairs to damage in bathroom
Oven cleaning	$300.00	Oven cleaning
Paint repairs (consent	$191.66	Paint repairs (consent
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,554.66
Bond	$4,200.00
Total payable by Tenant to Landlord	$1,554.66