Published tribunal order
Tenancy Tribunal case 4627173 — Property damage at Room 12, 37 Parkstone Avenue, Ilam, Christchurch 8041
Decided 26 Sept 2023 · Published 26 Sept 2023 · Application 4627173
Landlord favoured
- Property damage
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Mark S Van Den Dorpe must pay Anna McLeod $822.25 immediately, calculated as shown in table below:
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 boarding house tenancy.
- In the case of a boarding house tenancy, the landlord is not required to lodge the bond with the Bond Centre if it is for no more than 1 week's rent under section 66D(1)(a) of the Residential Tenancies Act 1986 (RTA).
- The tenant paid the landlord a bond of $245.00. The landlord has not refunded the bond.
- The tenant paid a full final week’s rent but did not stay for the full week. This resulted in an overpayment to the landlord of $105.00.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must return all keys and security devices under section 66M(d) of the RTA.
- The tenant did not return the kitchen key at the end of the tenancy. The landlord replaced the key at a cost of $8.00.
- The tenant acknowledged that he had an obligation to pay an electricity invoice amounting to $175.51.
- On three separate occasions, the tenant unintentionally caused the smoke alarm to activate. The tenant acknowledged that he had caused the smoke alarm to activate and explained the circumstances in each case. The landlord has applied for compensation for the cost of the related call outs.
- The call outs on 19 May 2023 and 10 August 2023 resulted in accounts from FFP Canterbury Ltd for $315.10 and $338.10 respectively. These costs related to attendance and reinstating the system.
- The call out on 26 May 2023 resulted in an account from FFP Canterbury Ltd for $810.82. This included costs relating to attendance and reinstatement of the system as above but also included the following item: “Returned later that day and found faulty smoke detectors in common area and wardrobe in room 12. Replaced and reinstated system back to normal.”
- The landlord had queried this account with the company and had received no satisfactory explanation as to why the account included these additional items on this one occasion. In the absence of any evidence suggesting that the tenant should be liable for these additional items, I have reduced the liability for this account to the lesser of the other two accounts ($315.10) as the afterhours call out fee was the same on both occasions.
- The landlord also claimed various fees for her time and handling of invoices pursuant to clauses in the tenancy agreement. I find that these fees amount to penalties and that the clauses in the agreement are of no effect under section 32(1)(c) of the RTA.
- The amounts ordered are proved.
- As the landlord was substantially successful in her claims, I must reimburse the filing fee.