How much money was awarded in case 5483529?

Cleaning: $100.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; to the walls in the ensuite and daug…: $431.00 awarded to landlord

What type of tenancy dispute was case 5483529?

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

Where can I read the official tribunal order for case 5483529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14131051-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5483529?

Cleaning: $100.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; to the walls in the ensuite and daug…: $431.00 awarded to landlord

What type of tenancy dispute was case 5483529?

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

Where can I read the official tribunal order for case 5483529?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14131051-Tenancy_Tribunal_Order.pdf.

179 Clifton Terrace, Clifton, Christchurch 8081 Tenancy Tribunal Case 5483529 — Property damage

Q: What was Tenancy Tribunal case 5483529 about?

The tribunal order states: [The tenant/s] tenant/s], [The tenant/s] tenant/s] and Jayde Julie-Anne [The tenant/s] tenant/s] to pay

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5483529 — net $559.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to the walls in the ensuite and daughter's room	$431.00	Repairs: to the walls in the ensuite and daughter's room
Cleaning: two hours for the bathrooms and the stickers	$100.00	Cleaning: two hours for the bathrooms and the stickers
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$559.00
Bond	$3,800.00
Total payable by Tenant to Landlord	$559.00

[The tenant/s] tenant/s], [The tenant/s] tenant/s] and Jayde Julie-Anne [The tenant/s] tenant/s] to pay Accommodation Centre Limited As Agent For J Singleton & D Richardson $559.00 from the bond, calculated as shown in table below.

All other claims are dismissed.

The Bond Centre is to pay the bond of $3,800.00 (BN-10098870) immediately apportioned as follows: Accommodation Centre Limited As Agent For J Singleton & D Richardson: $559.00 [The tenant/s] tenant/s], [The tenant/s] tenant/s] and Jayde Julie-Anne [The tenant/s] tenant/s]: $3,241.00

Reasons

Both parties attended the hearing.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenants do not agree with the claims.

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

There is a claim for cleaning. Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The invoice for the cleaner is just over $1,000. The tenants said they left the house reasonably clean and tidy and they are worried they are being asked to pay to get the house to a higher standard of cleanliness because it went on the market for sale after the end of the tenancy.

This is the landlord’s claim to prove. I was provided with good photos taken at the end of the tenancy. I find the tenants did not leave the bathrooms in a reasonable condition and the cleaner had to spend time removing stickers from a bedroom wall. I allow another two hours at $50 an hour for cleaning those areas.

It seems to me we have reached a position where it is routinely expected that tenants will clean every surface in the tenancy premises at the end of the tenancy. This is not what is required by the RTA. The RTA does not use the words “as they found it”, or “very clean” when deciding how a tenancy should be left. The law makers chose the words reasonably clean for a reason.

Are the tenants responsible for the damage to the walls?

There is a claim for painting to repair wall damage found at the end of the tenancy. The landlord must prove that the damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenants 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 provided me with photos taken at the start and the end of the tenancy. There are a number of small marks and dents throughout the house. With two exceptions, I find the damage is not more than fair wear and tear. The claim for painting these is dismissed.

The exceptions are the ensuite and the bedroom with the stickers. There are large marks in the ensuite and a number of smaller marks. One wall in the daughter’s bedroom was decorated with stickers. The tenants could not remove the stickers without causing damage to the paint and so they left them. These were removed by the cleaners and there are photos showing the damage to that wall. The tenants’ submission was that they should not be responsible for any wall damage, and in particular they should not be responsible for the additional damage done by the cleaners.

I have considered the evidence and the submissions. The landlord has proved there was damage during the tenancy. I find the damage to the ensuite and the daughter’s bedroom to be more than fair wear and tear. The tenants have not disproved the liability for the damage. I find the claim for 4.5 hours of labour at $70 an hour plus $60 for paint plus GST to be reasonable. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

I have sent a request to the Bond Centre for the bond to be refunded.

The landlord has not applied for suppression. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest.

The tenants’ names will be published because there is public interest when tenants owe money from the bond at the end of the tenancy.

Order

Claims and awards in Tenancy Tribunal application 5483529 — net $559.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: to the walls in the ensuite and daughter's room	$431.00	Repairs: to the walls in the ensuite and daughter's room
Cleaning: two hours for the bathrooms and the stickers	$100.00	Cleaning: two hours for the bathrooms and the stickers
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$559.00
Bond	$3,800.00
Total payable by Tenant to Landlord	$559.00

All other claims are dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenants do not agree with the claims.

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

Are the tenants responsible for the damage to the walls?

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

I have sent a request to the Bond Centre for the bond to be refunded.

The tenants’ names will be published because there is public interest when tenants owe money from the bond at the end of the tenancy.

Tenancy Tribunal case 5483529 — Property damage at 179 Clifton Terrace, Clifton, Christchurch 8081

At a glance

Tenancy Tribunal case 5483529 — Property damage at 179 Clifton Terrace, Clifton, Christchurch 8081

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Are the tenants responsible for the damage to the walls?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Are the tenants responsible for the damage to the walls?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.