What was the outcome of Tenancy Tribunal case 4709849?

The tribunal order states: Levi Manhire and Cathyrine Samuelu must pay Reforma P.M. Limited (as agent

How much money was awarded in case 4709849?

Cleaning: $603.75 awarded to landlord; Credit Held By Landlord: $556.57 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Painting: $1,900.00 awarded to landlord; Replace Blinds: $760.00 awarded to landlord; Rubbish Removal: $624.72 awarded to landlord; Water Rates: $109.66 awarded to landlord

What type of tenancy dispute was case 4709849?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4709849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9816639-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4709849?

The tribunal order states: Levi Manhire and Cathyrine Samuelu must pay Reforma P.M. Limited (as agent

How much money was awarded in case 4709849?

Cleaning: $603.75 awarded to landlord; Credit Held By Landlord: $556.57 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Painting: $1,900.00 awarded to landlord; Replace Blinds: $760.00 awarded to landlord; Rubbish Removal: $624.72 awarded to landlord; Water Rates: $109.66 awarded to landlord

What type of tenancy dispute was case 4709849?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4709849?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9816639-Tenancy_Tribunal_Order.pdf.

52 Milson Drive, Papakura 2110 Tenancy Tribunal Case 4709849 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4709849 — net $942.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Replace curtains, replace lightbulbs, rubbish removal	$624.72		Replace curtains, replace lightbulbs, rubbish removal
Painting	$1,900.00		Painting
Cleaning	$603.75		Cleaning
Replace blinds	$760.00		Replace blinds
Water rates	$109.66		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Credit held by landlord		$556.57	Credit held by landlord
Total award	$4,018.57	$556.57
Net award	$942.00
Total payable by Tenant to Landlord	$942.00

Levi Manhire and Cathyrine Samuelu must pay Reforma P.M. Limited (as agent for Darren & Petrina Minogue) $942.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,520.00 (5132925-009) to Reforma P.M. Limited (as agent for Darren & Petrina Minogue) immediately.

Reasons

Background

The original application sought rent arrears and water rates.

The tenancy ended on 7 November 2023.

The landlord amended its application to include vacated repairs and cleaning costs.

The hearing took place by phone on 9 January 2024. Both parties attended the hearing. Ms Peters represented the landlord. Curtains, lightbulbs, rubbish removal

The claim seeks $731.03 per an invoice from Counties Property Maintenance Ltd. The invoice covers: a. Replacement of the curtain in front of the ranchslider, on the grounds that the curtain was stained. b. Replacement of the net curtain for the same ranchslider (missing). c. Replacement of lightbulbs. d. Removal of rubbish.

Ms Samuelu acknowledged that the net curtain was damaged during the tenancy and she removed it.

I was provided with one photograph of the curtain, which shows stains on the back of it.

The curtain and net were in near new condition at the beginning of the tenancy in November 2021.

Ms Peters’ photograph shows staining on the back of the curtain that is beyond fair wear and tear. I accept that it was necessary to replace the curtain.

Depreciation must apply to the new replacement costs claimed.

Net curtains are short lifespan items. Curtains have a longer life expectancy, but it is also relevant that the curtain was across a ranchslider in a high traffic area.

This is a large family home. Mr Manhire and Ms Samuelu lived there with their four young children.

I will apply depreciation of 50% to the net curtain and one-third to the curtain.

The amounts claimed for replacement of several lightbulbs and replacement of a small amount of rubbish (several tyres left outside) are fair reasonable. Painting

The claim seeks $3,800.00 for painting (parts of) the interior of the premises, per an invoice from BBS Contract Services.

Ms Peters provided numerous photographs of walls, taken at the final inspection.

The interior was painted in 2020 and the entry inspection report notes that the walls and ceilings were generally in excellent condition, with only a few instances of minor damage at that time.

The end of tenancy photographs show numerous marks, dents, scuffs, and stains on the walls throughout the house.

The extent of damage justified re-painting of the interior.

The damage is beyond fair wear and tear.

Depreciation must apply to the painting cost claimed.

Walls and ceilings in tenanted premises generally need to be re-painted approximately every 8-10 years as part of the landlord’s maintenance.

Context is relevant when considering fair wear and tear. As noted above, this is a large family home that is likely to be used by large families or multiple flatmates. The more people in a home, and the more young children in a home, the more “wear and tear” will occur.

Having regard to this, and to the age of the paint at the end of the tenancy (approximately 3.5 years), I will apply depreciation of 50% to the painting cost claimed. Blinds

One vertical blind needed to be replaced, and several blinds had missing “blades” that needed to be replaced.

The landlords have replaced the vertical blind with a less costly alternative.

The damage occurred during the tenancy and is beyond fair wear and tear.

The repair cost is proven. Water rates

The tenants paid an amount towards water that current sits as a rent credit on the landlord’s ledger.

The credit can be applied to the water rates balance and to the other proven costs, per the table above. Filing fee, bond

The landlord has been successful in this application, and I must award the landlord the filing fee of $20.44.

The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

Claims and awards in Tenancy Tribunal application 4709849 — net $942.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Replace curtains, replace lightbulbs, rubbish removal	$624.72		Replace curtains, replace lightbulbs, rubbish removal
Painting	$1,900.00		Painting
Cleaning	$603.75		Cleaning
Replace blinds	$760.00		Replace blinds
Water rates	$109.66		Water rates
Filing fee reimbursement	$20.44		Filing fee reimbursement
Credit held by landlord		$556.57	Credit held by landlord
Total award	$4,018.57	$556.57
Net award	$942.00
Total payable by Tenant to Landlord	$942.00

Order

Levi Manhire and Cathyrine Samuelu must pay Reforma P.M. Limited (as agent for Darren & Petrina Minogue) $942.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,520.00 (5132925-009) to Reforma P.M. Limited (as agent for Darren & Petrina Minogue) immediately.

Reasons

Background

The original application sought rent arrears and water rates.
The tenancy ended on 7 November 2023.
The landlord amended its application to include vacated repairs and cleaning costs.
The hearing took place by phone on 9 January 2024. Both parties attended the hearing. Ms Peters represented the landlord. Curtains, lightbulbs, rubbish removal
The claim seeks $731.03 per an invoice from Counties Property Maintenance Ltd. The invoice covers: a. Replacement of the curtain in front of the ranchslider, on the grounds that the curtain was stained. b. Replacement of the net curtain for the same ranchslider (missing). c. Replacement of lightbulbs. d. Removal of rubbish.
Ms Samuelu acknowledged that the net curtain was damaged during the tenancy and she removed it.
I was provided with one photograph of the curtain, which shows stains on the back of it.
The curtain and net were in near new condition at the beginning of the tenancy in November 2021.
Ms Peters’ photograph shows staining on the back of the curtain that is beyond fair wear and tear. I accept that it was necessary to replace the curtain.
Depreciation must apply to the new replacement costs claimed.
Net curtains are short lifespan items. Curtains have a longer life expectancy, but it is also relevant that the curtain was across a ranchslider in a high traffic area.
This is a large family home. Mr Manhire and Ms Samuelu lived there with their four young children.
I will apply depreciation of 50% to the net curtain and one-third to the curtain.
The amounts claimed for replacement of several lightbulbs and replacement of a small amount of rubbish (several tyres left outside) are fair reasonable. Painting
The claim seeks $3,800.00 for painting (parts of) the interior of the premises, per an invoice from BBS Contract Services.
Ms Peters provided numerous photographs of walls, taken at the final inspection.
The interior was painted in 2020 and the entry inspection report notes that the walls and ceilings were generally in excellent condition, with only a few instances of minor damage at that time.
The end of tenancy photographs show numerous marks, dents, scuffs, and stains on the walls throughout the house.
The extent of damage justified re-painting of the interior.
The damage is beyond fair wear and tear.
Depreciation must apply to the painting cost claimed.
Walls and ceilings in tenanted premises generally need to be re-painted approximately every 8-10 years as part of the landlord’s maintenance.
Context is relevant when considering fair wear and tear. As noted above, this is a large family home that is likely to be used by large families or multiple flatmates. The more people in a home, and the more young children in a home, the more “wear and tear” will occur.
Having regard to this, and to the age of the paint at the end of the tenancy (approximately 3.5 years), I will apply depreciation of 50% to the painting cost claimed. Blinds
One vertical blind needed to be replaced, and several blinds had missing “blades” that needed to be replaced.
The landlords have replaced the vertical blind with a less costly alternative.
The damage occurred during the tenancy and is beyond fair wear and tear.
The repair cost is proven. Water rates
The tenants paid an amount towards water that current sits as a rent credit on the landlord’s ledger.
The credit can be applied to the water rates balance and to the other proven costs, per the table above. Filing fee, bond
The landlord has been successful in this application, and I must award the landlord the filing fee of $20.44.
The proven claim exceeds the amount of the bond. The bond will be released to the landlord.

Tenancy Tribunal case 4709849 — Cleanliness at 52 Milson Drive, Papakura 2110

At a glance

Tenancy Tribunal case 4709849 — Cleanliness at 52 Milson Drive, Papakura 2110

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