What was the outcome of Tenancy Tribunal case 4748421?

The tribunal order states: Vanessa McCormack must pay Precision Property Management Limited As

How much money was awarded in case 4748421?

Cleaning: $180.00 awarded to landlord; Carpet Staining: $700.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Property Damage: $301.65 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $166.50 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $544.42 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $651.50 awarded to landlord

What type of tenancy dispute was case 4748421?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 4748421?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9854325-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4748421?

The tribunal order states: Vanessa McCormack must pay Precision Property Management Limited As

How much money was awarded in case 4748421?

Cleaning: $180.00 awarded to landlord; Carpet Staining: $700.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Property Damage: $301.65 awarded to landlord; Property Damage: $100.00 awarded to landlord; Property Damage: $166.50 awarded to landlord; Property Damage: $150.00 awarded to landlord; Property Damage: $1,000.00 awarded to landlord; Property Damage: $544.42 awarded to landlord; Property Damage: $100.00 awarded to landlord; Rent Arrears: $651.50 awarded to landlord

What type of tenancy dispute was case 4748421?

The primary dispute was Property damage. Related themes: Rent arrears, Cleanliness.

Where can I read the official tribunal order for case 4748421?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9854325-Tenancy_Tribunal_Order.pdf.

109 Clinkard Avenue, Glenholme, Rotorua 3010 Tenancy Tribunal Case 4748421 — Property damage

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109 Clinkard Avenue, Glenholme, Rotorua 3010 Tenancy Tribunal Case 4748421 — Property damage | 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 4748421 — net $1,864.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at end of tenancy	$651.50	Rent arrears at end of tenancy
Lawns and damage	$301.65	Lawns and damage
Tile replacement	$100.00	Tile replacement
Lock replacement	$166.50	Lock replacement
Cleaning	$250.00	Cleaning
Carpet Cleaning	$180.00	Carpet Cleaning
Carpet staining	$700.00	Carpet staining
Heat pump remote replacement	$150.00	Heat pump remote replacement
Wall damage	$1,000.00	Wall damage
Wall / skirting damage	$544.42	Wall / skirting damage
Door damage	$100.00	Door damage
Net award	$1,864.07
Total payable by Tenant to Landlord	$1,864.07

Claims and awards for application 4748421 — net $1,864.07 NZD. Verify on MoJ.

Rent arrears at end of tenancy

Amount: $651.50
Awarded to: Landlord
Reason: Rent arrears at end of tenancy

Lawns and damage

Amount: $301.65
Awarded to: Landlord
Reason: Lawns and damage

Tile replacement

Amount: $100.00
Awarded to: Landlord
Reason: Tile replacement

Lock replacement

Amount: $166.50
Awarded to: Landlord
Reason: Lock replacement

Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Rent arrears

Order

Vanessa McCormack must pay Precision Property Management Limited As Agent For Toni Smith $1,864.07 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,280.00 (3357531-017) to Precision Property Management Limited As Agent For Toni Smith immediately. DescriptionLandlord Rent arrears at end of tenancy$651.50 Lawns and damage$301.65 Tile replacement$100.00 Lock replacement$166.50 Cleaning$250.00 Carpet Cleaning$180.00 Carpet staining$700.00 Heat pump remote replacement$150.00 Wall damage$1,000.00 Wall / skirting damage$544.42 Door damage$100.00 Total award$4,144.07 Minus bond- $2,280.00 Total payable by Tenant to Landlord$1,864.07

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and refund of the bond, following the end of the tenancy.
It is the case that at the hearing, the tenant agreed that she was liable to the landlord for the amounts ordered above, and therefore those amounts are ordered by consent. I will not therefore address them further.
I record however that I declined to make orders for two particular claims.
The landlord applied for compensation of $2,786.45 to replace the garage door. With any claim for compensation the landlord must firstly prove the damage claimed is beyond fair wear and tear. In this case the original garage door appears to be now some years old. The landlord has not satisfied me that the damage would not be maintenance, or to put that another way, that the garage door is anything other than needing replacement because it is at the end of its expected life. This claim is dismissed.
The other claim I have declined, is a claim of $250.00 for removal of fly spots on the ceiling. That claim is dismissed for two reasons. Firstly the landlord has not incurred any loss in relation to the fly marks, because the landlord has not had these marks removed. Secondly the landlord has rented the premises to another tenant. In order to establish this claim against Ms McCormick the landlord must prove that the premises were not returned reasonably clean. But then there is a legal obligation on the landlord when renting a tenancy, to provide the tenancy reasonably clean. In this case the fact of the landlord having rented the premises in the state it is, does not support a breach on the part of Ms McCormick. The tenant is not expected to return the tenancy cleaner than reasonably clean, and the landlord has not convinced me the premises were not reasonably clean if they rented it to a new tenant in the state it is.
Otherwise the tenant has agreed she is liable for the other amounts, so they are ordered by consent.
The bond is to be released to the landlord to go toward the amount ordered.

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 4748421 — net $1,864.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears at end of tenancy	$651.50	Rent arrears at end of tenancy
Lawns and damage	$301.65	Lawns and damage
Tile replacement	$100.00	Tile replacement
Lock replacement	$166.50	Lock replacement
Cleaning	$250.00	Cleaning
Carpet Cleaning	$180.00	Carpet Cleaning
Carpet staining	$700.00	Carpet staining
Heat pump remote replacement	$150.00	Heat pump remote replacement
Wall damage	$1,000.00	Wall damage
Wall / skirting damage	$544.42	Wall / skirting damage
Door damage	$100.00	Door damage
Net award	$1,864.07
Total payable by Tenant to Landlord	$1,864.07

Claims and awards for application 4748421 — net $1,864.07 NZD. Verify on MoJ.

Rent arrears at end of tenancy

Amount: $651.50
Awarded to: Landlord
Reason: Rent arrears at end of tenancy

Lawns and damage

Amount: $301.65
Awarded to: Landlord
Reason: Lawns and damage

Tile replacement

Amount: $100.00
Awarded to: Landlord
Reason: Tile replacement

Lock replacement

Amount: $166.50
Awarded to: Landlord
Reason: Lock replacement

Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Property damage Rent arrears

Order

Vanessa McCormack must pay Precision Property Management Limited As Agent For Toni Smith $1,864.07 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,280.00 (3357531-017) to Precision Property Management Limited As Agent For Toni Smith immediately. DescriptionLandlord Rent arrears at end of tenancy$651.50 Lawns and damage$301.65 Tile replacement$100.00 Lock replacement$166.50 Cleaning$250.00 Carpet Cleaning$180.00 Carpet staining$700.00 Heat pump remote replacement$150.00 Wall damage$1,000.00 Wall / skirting damage$544.42 Door damage$100.00 Total award$4,144.07 Minus bond- $2,280.00 Total payable by Tenant to Landlord$1,864.07

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, and refund of the bond, following the end of the tenancy.
It is the case that at the hearing, the tenant agreed that she was liable to the landlord for the amounts ordered above, and therefore those amounts are ordered by consent. I will not therefore address them further.
I record however that I declined to make orders for two particular claims.
The landlord applied for compensation of $2,786.45 to replace the garage door. With any claim for compensation the landlord must firstly prove the damage claimed is beyond fair wear and tear. In this case the original garage door appears to be now some years old. The landlord has not satisfied me that the damage would not be maintenance, or to put that another way, that the garage door is anything other than needing replacement because it is at the end of its expected life. This claim is dismissed.
The other claim I have declined, is a claim of $250.00 for removal of fly spots on the ceiling. That claim is dismissed for two reasons. Firstly the landlord has not incurred any loss in relation to the fly marks, because the landlord has not had these marks removed. Secondly the landlord has rented the premises to another tenant. In order to establish this claim against Ms McCormick the landlord must prove that the premises were not returned reasonably clean. But then there is a legal obligation on the landlord when renting a tenancy, to provide the tenancy reasonably clean. In this case the fact of the landlord having rented the premises in the state it is, does not support a breach on the part of Ms McCormick. The tenant is not expected to return the tenancy cleaner than reasonably clean, and the landlord has not convinced me the premises were not reasonably clean if they rented it to a new tenant in the state it is.
Otherwise the tenant has agreed she is liable for the other amounts, so they are ordered by consent.
The bond is to be released to the landlord to go toward the amount ordered.

Tenancy Tribunal case 4748421 — Property damage at 109 Clinkard Avenue, Glenholme, Rotorua 3010

At a glance

Tenancy Tribunal case 4748421 — Property damage at 109 Clinkard Avenue, Glenholme, Rotorua 3010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions