What was the outcome of Tenancy Tribunal case 4681469?

The tribunal order states: Liana Jamieson and Nicholas Symons to pay Quality Rental Management

How much money was awarded in case 4681469?

Cleaning: $501.15 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $69.00 awarded to landlord; Rent (One Day: $63.01 awarded to landlord; Patch And Paint: $224.25 awarded to landlord; Water Rates: $43.60 awarded to landlord

What type of tenancy dispute was case 4681469?

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

Where can I read the official tribunal order for case 4681469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9616721-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4681469?

The tribunal order states: Liana Jamieson and Nicholas Symons to pay Quality Rental Management

How much money was awarded in case 4681469?

Cleaning: $501.15 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $69.00 awarded to landlord; Rent (One Day: $63.01 awarded to landlord; Patch And Paint: $224.25 awarded to landlord; Water Rates: $43.60 awarded to landlord

What type of tenancy dispute was case 4681469?

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

Where can I read the official tribunal order for case 4681469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9616721-Tenancy_Tribunal_Order.pdf.

13A Newton Street, Ngāruawāhia 3720 Tenancy Tribunal Case 4681469 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4681469 — net $921.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent (one day	$63.01	Rent (one day
Cleaning: including curtains	$501.15	Cleaning: including curtains
Lawns and Garden work	$69.00	Lawns and Garden work
Water rates	$43.60	Water rates
Repairs: patch and paint	$224.25	Repairs: patch and paint
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$921.45
Bond	$2,040.00
Total payable by Tenant to Landlord	$921.45

Liana Jamieson and Nicholas Symons to pay Quality Rental Management Limited $921.45 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,040.00 (6336814-018) immediately apportioned as follows: Quality Rental Management Limited: $921.45 Liana Jamieson and Nicholas Symons: $1,118.55

Reasons

Two representatives for the landlord and both tenants attended the hearing today.

The landlord has applied for payment of certain costs from the bond following the end of the tenancy. The tenants disagree with the claims.

This was a 3.5 year tenancy which started on 25 March 2020 and ended on 27 August 2023 after the tenants gave notice.

It is agreed that there is one day of rent and the final water bill to pay.

I address the other claims below:- a. End of tenancy cleaning: The curtains needed to be cleaned and adhesive (from child-proof locks) on some kitchen drawers needed to be removed. Otherwise, I conclude that the premises were left reasonably clean and tidy except for a few areas (shower-box, one kitchen cupboard, toilet seat). I conclude this because I was not given “wide-view” photographs, only close- ups. I award - $210.00 for curtain cleaning $102.75 (2.5 hours) labour to take down and put-up curtains $123.03 (3 hours) to remove adhesive and clean missed areas $ 65.37 GST $501.15 Total b. Carpet cleaning: There is no evidence that the carpet was not reasonably clean. Without this, it is the landlord’s choice to do so. Claim dismissed. c. Lawns and garden work: I award $69.00 (inc GST) for the cost to resow grass seed on a patch of lawn where play equipment had killed the grass. The lawns and gardens were reasonably tidy. Preparation and presentation for the next tenants is at a landlord’s cost.

Repairs: In summary, a landlord must show that any damage happened during the tenancy and is more than wear and tear. A tenant is liable unless they can show the damage was not caused carelessly or intentionally. See section 49B RTA. a. A hole about half the size of the palm of a hand in a bedroom wall was caused accidentally by a piece of furniture. The landlord’s photographs prove that a patch applied to the hole by the tenants was still visible. When repairs organised by a tenant are not done to a professional or good quality standard, the landlord is entitled to claim compensation for the cost to have the repair redone. b. Two small holes caused by the tenants attaching a screw hook into a bedroom ceiling. The parties disagree as to how big these holes were. However, the fact is that the hook was attached intentionally and so the tenants are liable for the repair. c. Four or five dents in a wall near the kitchen: these are more than wear and tear, so the tenants are liable for repair. Two small scuffs near these are wear and tear. The Tribunal must decide what is reasonable compensation. I do not agree that it is reasonable that the entire ceiling is undercoated and repainted in two coats for two small screw holes. Similarly with the work to the other two walls. The house was new at the start of this tenancy, but it has been rented out for three years and will be rented out again. Patch painting is sufficient. I reduce the invoice by 50% and award $224.25.

Vinyl repairs: A small scrape and a short cut or split were caused by moving the tenants’ fridge. This is considered careless damage although it is a common occurrence because fridges are heavy. I do not award compensation because the landlord has not fixed the vinyl and the damage is so minor that I do not consider it reasonable to do so.

The landlord has partially succeeded with the claim, so I have reimbursed the filing fee.

Neither party was substantially successful so neither is entitled to suppression of name.

Claims and awards in Tenancy Tribunal application 4681469 — net $921.45 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent (one day	$63.01	Rent (one day
Cleaning: including curtains	$501.15	Cleaning: including curtains
Lawns and Garden work	$69.00	Lawns and Garden work
Water rates	$43.60	Water rates
Repairs: patch and paint	$224.25	Repairs: patch and paint
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$921.45
Bond	$2,040.00
Total payable by Tenant to Landlord	$921.45

Order

Liana Jamieson and Nicholas Symons to pay Quality Rental Management Limited $921.45 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,040.00 (6336814-018) immediately apportioned as follows: Quality Rental Management Limited: $921.45 Liana Jamieson and Nicholas Symons: $1,118.55

Reasons

Two representatives for the landlord and both tenants attended the hearing today.
The landlord has applied for payment of certain costs from the bond following the end of the tenancy. The tenants disagree with the claims.
This was a 3.5 year tenancy which started on 25 March 2020 and ended on 27 August 2023 after the tenants gave notice.
It is agreed that there is one day of rent and the final water bill to pay.
I address the other claims below:- a. End of tenancy cleaning: The curtains needed to be cleaned and adhesive (from child-proof locks) on some kitchen drawers needed to be removed. Otherwise, I conclude that the premises were left reasonably clean and tidy except for a few areas (shower-box, one kitchen cupboard, toilet seat). I conclude this because I was not given “wide-view” photographs, only close- ups. I award - $210.00 for curtain cleaning $102.75 (2.5 hours) labour to take down and put-up curtains $123.03 (3 hours) to remove adhesive and clean missed areas $ 65.37 GST $501.15 Total b. Carpet cleaning: There is no evidence that the carpet was not reasonably clean. Without this, it is the landlord’s choice to do so. Claim dismissed. c. Lawns and garden work: I award $69.00 (inc GST) for the cost to resow grass seed on a patch of lawn where play equipment had killed the grass. The lawns and gardens were reasonably tidy. Preparation and presentation for the next tenants is at a landlord’s cost.
Repairs: In summary, a landlord must show that any damage happened during the tenancy and is more than wear and tear. A tenant is liable unless they can show the damage was not caused carelessly or intentionally. See section 49B RTA. a. A hole about half the size of the palm of a hand in a bedroom wall was caused accidentally by a piece of furniture. The landlord’s photographs prove that a patch applied to the hole by the tenants was still visible. When repairs organised by a tenant are not done to a professional or good quality standard, the landlord is entitled to claim compensation for the cost to have the repair redone. b. Two small holes caused by the tenants attaching a screw hook into a bedroom ceiling. The parties disagree as to how big these holes were. However, the fact is that the hook was attached intentionally and so the tenants are liable for the repair. c. Four or five dents in a wall near the kitchen: these are more than wear and tear, so the tenants are liable for repair. Two small scuffs near these are wear and tear. The Tribunal must decide what is reasonable compensation. I do not agree that it is reasonable that the entire ceiling is undercoated and repainted in two coats for two small screw holes. Similarly with the work to the other two walls. The house was new at the start of this tenancy, but it has been rented out for three years and will be rented out again. Patch painting is sufficient. I reduce the invoice by 50% and award $224.25.
Vinyl repairs: A small scrape and a short cut or split were caused by moving the tenants’ fridge. This is considered careless damage although it is a common occurrence because fridges are heavy. I do not award compensation because the landlord has not fixed the vinyl and the damage is so minor that I do not consider it reasonable to do so.
The landlord has partially succeeded with the claim, so I have reimbursed the filing fee.
Neither party was substantially successful so neither is entitled to suppression of name.

Tenancy Tribunal case 4681469 — Cleanliness at 13A Newton Street, Ngāruawāhia 3720

At a glance

Tenancy Tribunal case 4681469 — Cleanliness at 13A Newton Street, Ngāruawāhia 3720

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions