What was the outcome of Tenancy Tribunal case 4734430?

The tribunal order states: Judy-Anne Kerrigan must pay Barfoot & Thompson Limited Whangarei (as

How much money was awarded in case 4734430?

Cleaning: $340.00 awarded to landlord; Cleaning: $1,322.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $1,950.00 awarded to landlord; Property Damage: $649.50 awarded to landlord; Re-Glazing: $560.41 awarded to landlord; Shower Door: $650.00 awarded to landlord

What type of tenancy dispute was case 4734430?

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

Where can I read the official tribunal order for case 4734430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9998701-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4734430?

The tribunal order states: Judy-Anne Kerrigan must pay Barfoot & Thompson Limited Whangarei (as

How much money was awarded in case 4734430?

Cleaning: $340.00 awarded to landlord; Cleaning: $1,322.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Painting: $1,950.00 awarded to landlord; Property Damage: $649.50 awarded to landlord; Re-Glazing: $560.41 awarded to landlord; Shower Door: $650.00 awarded to landlord

What type of tenancy dispute was case 4734430?

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

Where can I read the official tribunal order for case 4734430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9998701-Tenancy_Tribunal_Order.pdf.

8 Zealandia Street, Kensington, Whangarei 0112 Tenancy Tribunal Case 4734430 — Cleanliness

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8 Zealandia Street, Kensington, Whangarei 0112 Tenancy Tribunal Case 4734430 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4734430 — net $5,367.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Shower door	$650.00		Repairs: Shower door
Re-glazing	$560.41		Re-glazing
Lock/key replacement	$649.50		Lock/key replacement
Cleaning	$1,322.50		9. The landlord seeks the cost of cleaning work carried out by Cleaning by Michelle and carpet cleaning carried out by Carpet Clean and Restoration Northland.
Carpet Cleaning	$340.00		9. The landlord seeks the cost of cleaning work carried out by Cleaning by Michelle and carpet cleaning carried out by Carpet Clean and Restoration Northland.
Painting	$1,950.00		Painting
Filing fee reimbursement	$20.44		Filing fee reimbursement
Balance of bond		$125.72	Balance of bond
Total award	$5,492.85	$125.72
Net award	$5,367.13
Total payable by Tenant to Landlord	$5,367.13

Claims and awards for application 4734430 — net $5,367.13 NZD. Verify on MoJ.

Repairs: Shower door

Amount: $650.00
Awarded to: Landlord
Reason: Repairs: Shower door

Re-glazing

Amount: $560.41
Awarded to: Landlord
Reason: Re-glazing

Lock/key replacement

Amount: $649.50
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $1,322.50
Awarded to: Landlord
Reason: 9. The landlord seeks the cost of cleaning work carried out by Cleaning by Michelle and carpet cleaning carried out by Carpet Clean and Restoration Northland.

Carpet Cleaning

Amount: $340.00
Awarded to: Landlord
Reason: 9. The landlord seeks the cost of cleaning work carried out by Cleaning by Michelle and carpet cleaning carried out by Carpet Clean and Restoration Northland.

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

Judy-Anne Kerrigan must pay Barfoot & Thompson Limited Whangarei (as agent for Yamei Yang & Edward Xu) $5,367.13 immediately, calculated as shown in table below.

Reasons

The tenancy began on 6 November 2019 and ended on 17 September 2023.
The landlord’s application seeks vacated repairs, cleaning, and change of lock costs.
The bond was released to the landlord at the end of the tenancy and applied to rent arrears. There is a balance of $125.72.
The hearing took place in Whangarei on 23 February 2023. Ms Hargood and Ms Dinnan represented the landlord. There was no appearance by the tenant. Cleaning, change of locks
At the end of a tenancy the tenant must leave the premises reasonably clean and tidy and return all keys to the landlord 1 .
Ms Hargood provided photographs showing the condition of the premises at the end of the tenancy.
The premises were not reasonably clean and tidy.
The carpets were stained in multiple areas.
The landlord seeks the cost of cleaning work carried out by Cleaning by Michelle and carpet cleaning carried out by Carpet Clean and Restoration Northland. I was provided with copies of the cleaning invoice. The costs claimed are proven and is fair and reasonable having regard to the landlord’s photographs.
The keys were not returned at the end of the tenancy. The change of locks cost is proven. Repairs
Tenants are liable for damage beyond fair wear and tear that occurs during the period of the tenancy 2 .
The following damage is proven to have occurred during this tenancy: a. Part of shower door missing. b. Three windows broken (master bedroom, lounge, French door). c. Damage to walls in bedrooms and hallway (numerous dents, marks, and gouges).
The missing shower door and broken windows is damage beyond fair wear and tear. 1 Section 40(1)(e) Residential Tenancies Act 1986 (“RTA”) 2 Section 49B RTA
This is a large house and there were multiple occupants during the tenancy. Some minor damage to walls can be expected, and is within ‘fair wear and tear’. However, the landlord’s photographs show that the nature and extent of the damage to the walls is beyond fair wear and tear, particularly in two bedrooms and the hallway.
The owners made an insurance claim in respect of the damage and received settlement, less the excess, for the shower door, and painting costs. The insurer applied one excess per room for the painting of three rooms.
The amount claimed for re-glazing the windows is proven. The cost is below the amount of the excess ($650.00).
The tenant is liable for the amount of the excess for the shower door replacement (the actual cost was $1,517.15).
The tenant is liable for the amount of three excesses for the painting. The actual cost of the painting was $7,015.00. The property was painted shortly before the commencement of this tenancy in 2019. Because of the age of the painted walls at the end of the tenancy depreciation would apply to the new painting cost if the landlord was seeking the full actual cost. I would apply depreciation of two-thirds, which would reduce the tenant’s liability to $2,338.33. The amount claimed by the landlord is less than that sum. Therefore, the tenant is liable for the amount claimed. Filing fee
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4734430 — net $5,367.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Repairs: Shower door	$650.00		Repairs: Shower door
Re-glazing	$560.41		Re-glazing
Lock/key replacement	$649.50		Lock/key replacement
Cleaning	$1,322.50		9. The landlord seeks the cost of cleaning work carried out by Cleaning by Michelle and carpet cleaning carried out by Carpet Clean and Restoration Northland.
Carpet Cleaning	$340.00		9. The landlord seeks the cost of cleaning work carried out by Cleaning by Michelle and carpet cleaning carried out by Carpet Clean and Restoration Northland.
Painting	$1,950.00		Painting
Filing fee reimbursement	$20.44		Filing fee reimbursement
Balance of bond		$125.72	Balance of bond
Total award	$5,492.85	$125.72
Net award	$5,367.13
Total payable by Tenant to Landlord	$5,367.13

Claims and awards for application 4734430 — net $5,367.13 NZD. Verify on MoJ.

Repairs: Shower door

Amount: $650.00
Awarded to: Landlord
Reason: Repairs: Shower door

Re-glazing

Amount: $560.41
Awarded to: Landlord
Reason: Re-glazing

Lock/key replacement

Amount: $649.50
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $1,322.50
Awarded to: Landlord
Reason: 9. The landlord seeks the cost of cleaning work carried out by Cleaning by Michelle and carpet cleaning carried out by Carpet Clean and Restoration Northland.

Carpet Cleaning

Amount: $340.00
Awarded to: Landlord
Reason: 9. The landlord seeks the cost of cleaning work carried out by Cleaning by Michelle and carpet cleaning carried out by Carpet Clean and Restoration Northland.

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

Judy-Anne Kerrigan must pay Barfoot & Thompson Limited Whangarei (as agent for Yamei Yang & Edward Xu) $5,367.13 immediately, calculated as shown in table below.

Reasons

The tenancy began on 6 November 2019 and ended on 17 September 2023.
The landlord’s application seeks vacated repairs, cleaning, and change of lock costs.
The bond was released to the landlord at the end of the tenancy and applied to rent arrears. There is a balance of $125.72.
The hearing took place in Whangarei on 23 February 2023. Ms Hargood and Ms Dinnan represented the landlord. There was no appearance by the tenant. Cleaning, change of locks
At the end of a tenancy the tenant must leave the premises reasonably clean and tidy and return all keys to the landlord 1 .
Ms Hargood provided photographs showing the condition of the premises at the end of the tenancy.
The premises were not reasonably clean and tidy.
The carpets were stained in multiple areas.
The landlord seeks the cost of cleaning work carried out by Cleaning by Michelle and carpet cleaning carried out by Carpet Clean and Restoration Northland. I was provided with copies of the cleaning invoice. The costs claimed are proven and is fair and reasonable having regard to the landlord’s photographs.
The keys were not returned at the end of the tenancy. The change of locks cost is proven. Repairs
Tenants are liable for damage beyond fair wear and tear that occurs during the period of the tenancy 2 .
The following damage is proven to have occurred during this tenancy: a. Part of shower door missing. b. Three windows broken (master bedroom, lounge, French door). c. Damage to walls in bedrooms and hallway (numerous dents, marks, and gouges).
The missing shower door and broken windows is damage beyond fair wear and tear. 1 Section 40(1)(e) Residential Tenancies Act 1986 (“RTA”) 2 Section 49B RTA
This is a large house and there were multiple occupants during the tenancy. Some minor damage to walls can be expected, and is within ‘fair wear and tear’. However, the landlord’s photographs show that the nature and extent of the damage to the walls is beyond fair wear and tear, particularly in two bedrooms and the hallway.
The owners made an insurance claim in respect of the damage and received settlement, less the excess, for the shower door, and painting costs. The insurer applied one excess per room for the painting of three rooms.
The amount claimed for re-glazing the windows is proven. The cost is below the amount of the excess ($650.00).
The tenant is liable for the amount of the excess for the shower door replacement (the actual cost was $1,517.15).
The tenant is liable for the amount of three excesses for the painting. The actual cost of the painting was $7,015.00. The property was painted shortly before the commencement of this tenancy in 2019. Because of the age of the painted walls at the end of the tenancy depreciation would apply to the new painting cost if the landlord was seeking the full actual cost. I would apply depreciation of two-thirds, which would reduce the tenant’s liability to $2,338.33. The amount claimed by the landlord is less than that sum. Therefore, the tenant is liable for the amount claimed. Filing fee
The landlord has been successful in this application and I must also award the landlord the filing fee of $20.44.

Tenancy Tribunal case 4734430 — Cleanliness at 8 Zealandia Street, Kensington, Whangarei 0112

At a glance

Tenancy Tribunal case 4734430 — Cleanliness at 8 Zealandia Street, Kensington, Whangarei 0112

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