What was the outcome of Tenancy Tribunal case 4748041?

The tribunal order states: Terrence Wayne Boese and Donna Anne Boese must pay L.O.T.U.S Property

How much money was awarded in case 4748041?

Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Carpet: $2,391.90 awarded to landlord; Painting: $1,000.00 awarded to landlord; Vanity: $520.00 awarded to landlord

What type of tenancy dispute was case 4748041?

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

Where can I read the official tribunal order for case 4748041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9792033-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4748041?

The tribunal order states: Terrence Wayne Boese and Donna Anne Boese must pay L.O.T.U.S Property

How much money was awarded in case 4748041?

Cleaning: $450.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Carpet: $2,391.90 awarded to landlord; Painting: $1,000.00 awarded to landlord; Vanity: $520.00 awarded to landlord

What type of tenancy dispute was case 4748041?

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

Where can I read the official tribunal order for case 4748041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9792033-Tenancy_Tribunal_Order.pdf.

9 Twynham Place, Aranui, Christchurch 8061 Tenancy Tribunal Case 4748041 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 4748041 — net $4,382.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$450.00	Cleaning
Repairs: Vanity	$520.00	Repairs: Vanity
Repairs: Carpet	$2,391.90	Repairs: Carpet
Repairs: Painting	$1,000.00	Repairs: Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,382.34
Total payable by Tenant to Landlord	$4,382.34

Terrence Wayne Boese and Donna Anne Boese must pay L.O.T.U.S Property Management Limited As Agent For KBI Limited $4,382.34 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$450.00 Repairs: Vanity$520.00 Repairs: Carpet$2,391.90 Repairs: Painting$1,000.00 Filing fee reimbursement$20.44 Total award$4,382.34 Total payable by Tenant to Landlord$4,382.34

The landlord’s other claims are dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The tenant disputes the claims.

The landlord has the onus of establishing its claims. It is for the landlord to provide the evidence in support of its application.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord claimed: a. Cleaning - $736.00 b. Ceiling Cleaning - $597.71 c. Rubbish Removal and Outdoor Clean Up - $2,610.58 being three handyman invoices, skip hire and an excess rubbish charge. d. Washing curtains - $46.00

The tenant disputed the claims. In particular, he said that debris down the side of the house had been there since the start of the tenancy. He also said that branches were the landlord’s responsibility to remove. The landlord did not establish that rubbish removal or groundwork was required because of any breach by the tenant. Further, the amount claimed is excessive given the photographs referred to by the landlord in evidence. The claim is dismissed.

The landlord referred to photographs from the end of the tenancy. They show that some cleaning was required, but not to the extent claimed. The bathrooms were not reasonably clean. Having regard to the photographs referred to by the landlord in evidence and similar awards by the Tribunal, I award $450 for cleaning costs.

The landlord also claimed $597.71 for cleaning the ceilings. The landlord referred me to one photograph of a dirty lightshade and said that was representative of the ceilings. The landlord took over 600 photographs at the end of the tenancy, but only referred to one in support of the claim for ceilings. The landlord did not establish that it is more likely than not the ceilings throughout the property had to be cleaned because of a breach by the tenant. The claim is dismissed.

The landlord referred to a photograph of some curtains on the living room floor at the end of the tenancy and said that they had to be washed. The photograph was from a distance and did not disclose the state of the curtains. The tenant said that they had washed the curtains. The landlord did not provide a receipt or invoice for cleaning but referred to unidentifiable eftpos transactions in support of the claim. The landlord did not prove the claim for curtain cleaning. It is dismissed.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant 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.

Fair wear and tear occurs in the usual, expected use of the property. A tenant is only liable for damage that was caused carelessly or intentionally or was caused from any activity at the premises that is an imprisonable offence. A tenant is not liable for accidental damage.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

The landlord claimed: a. Carpet Replacement - $2,391.90 b. Windows - $360.61 c. Painting & Wall Repairs - $3,450.00 d. Handing man – “maintenance as required” - $4,531.00.

The carpet was new at the start of the tenancy. The landlord provided photographs from the end of the tenancy showing it very badly stained and in poor condition. The landlord also claimed that it smelled, but the tenant disputes that. I do not need to make a finding in relation to smell. The photographs establish that it is more likely than not that the carpet had to be replaced because of staining. The replacement cost was $7,973, but the landlord depreciated that to $2,391.90 having regard to the age of the carpet and the length of the tenancy. I accept that level of depreciation is appropriate and award the amount claimed of $2,391.90.

The tenant acknowledged that two windows were broken during the tenancy. He said that one broke when an acorn flicked up from the lawn mower and the other in some wind. That is accidental damage which the tenant is not liable for. The claim for replacement windows is dismissed.

The landlord claimed for extensive wall repairs and painting throughout the property. Many of the photographs the landlord referred to were normal wear and tear to be expected from a family living in the property for 6 years. There were some areas of more significant damage that the tenant had attempted to repair. I award $1,000 for those repairs.

The landlord also claimed $4,531.00 based on a quote from a handyman. The landlord reduced the claim to $2,466.75 at the hearing when it became apparent that the quote included rubbish removal that had already been claimed. The landlord did not provide an invoice for the work claimed. The quote included a list of items which the landlord described as “maintenance as required”. The landlord established that a bathroom vanity was damaged during the tenancy and was more than fair wear and tear. I award $520.

The landlord did not establish that the tenant is liable for the other items claimed in the quote. By way of example, the quote included a claim for a replacement washing line. The tenant said there was no washing line at the tenancy at the start of the tenancy. The ingoing inspection report provided by the landlord confirmed that there was no washing line. The claim in relation to the handyman quote for maintenance items is dismissed.

As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. However, the landlord was not substantially successful, so I have declined its application for suppression of its name. See s95A RTA.

Order

Claims and awards in Tenancy Tribunal application 4748041 — net $4,382.34 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$450.00	Cleaning
Repairs: Vanity	$520.00	Repairs: Vanity
Repairs: Carpet	$2,391.90	Repairs: Carpet
Repairs: Painting	$1,000.00	Repairs: Painting
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,382.34
Total payable by Tenant to Landlord	$4,382.34

The landlord’s other claims are dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The tenant disputes the claims.

The landlord has the onus of establishing its claims. It is for the landlord to provide the evidence in support of its application.

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

The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

Is the tenant responsible for the damage to the premises?

The landlord claimed: a. Carpet Replacement - $2,391.90 b. Windows - $360.61 c. Painting & Wall Repairs - $3,450.00 d. Handing man – “maintenance as required” - $4,531.00.

Tenancy Tribunal case 4748041 — Property damage at 9 Twynham Place, Aranui, Christchurch 8061

At a glance

Tenancy Tribunal case 4748041 — Property damage at 9 Twynham Place, Aranui, Christchurch 8061

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions