What was the outcome of Tenancy Tribunal case 4766218?

The tribunal order states: Setareh Matthews and Jade Matthews must pay Barfoot & Thompson Limited

How much money was awarded in case 4766218?

Cleaning: $85.00 awarded to landlord; Cleaning: $175.00 awarded to landlord; Compensation: Painting (Walls: $1,303.33 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord; Water Rates: $607.74 awarded to landlord

What type of tenancy dispute was case 4766218?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4766218?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10079836-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4766218?

The tribunal order states: Setareh Matthews and Jade Matthews must pay Barfoot & Thompson Limited

How much money was awarded in case 4766218?

Cleaning: $85.00 awarded to landlord; Cleaning: $175.00 awarded to landlord; Compensation: Painting (Walls: $1,303.33 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord; Water Rates: $607.74 awarded to landlord

What type of tenancy dispute was case 4766218?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4766218?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10079836-Tenancy_Tribunal_Order.pdf.

6 Cartwright Road, Onerahi, Whangarei 0110 Tenancy Tribunal Case 4766218 — Cleanliness

Reasons

Background

Claims and awards in Tenancy Tribunal application 4766218 — net $291.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$175.00	2023. The quote is for 5 hours of cleaning.
Carpet Cleaning	$85.00	2023. The quote is for 5 hours of cleaning.
Compensation: Painting (walls	$1,303.33	Painting (walls
Water rates	$607.74	Water rates
Rubbish removal	$100.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$291.51
Total payable by Tenant to Landlord	$291.51

The tenancy ended on 26 October 2023.

The landlord’s application sought cleaning and painting / wall repair costs.

At the hearing on 13 March 2024, Ms Hargood presented an amended claim including carpet cleaning, replacement of curtains, water rates, and rubbish removal.

Mr Matthews attended the hearing and agreed to waive notice of the amendments to the claim. Cleaning, carpet cleaning, rubbish removal

Tenants must leave the premises reasonably clean and tidy at the end of the tenancy, and remove all rubbish 1 .

Ms Hargood provided photographs showing that some cleaning was necessary to return the premises to a reasonably clean and tidy condition at the end of the tenancy. Ms Hargood provided a quote from Sparkleigh Clean dated 31 October 2023. The quote is for 5 hours of cleaning. I agree that this is a reasonable assessment of the extent of work required. The owners carried out the cleaning themselves. I will award $175.00 for cleaning (five hours at $35 per hour).

The claim seeks $224.25 for carpet cleaning per an invoice from BH Cleaning dated 12 January 2024. The invoice, dated nearly three months after the end of the tenancy, states that the cleaning was done in the lounge / family room and two bedrooms. The end of tenancy photographs show some red coloured stains on the carpet in one bedroom only.

On this evidence I will award $85.00 for carpet clearning.

The rubbish removal claim relates to several small items left in a garage/storage area underneath the house. The owner carried out the rubbish removal themselves and there is no evidence around the calculation of the claim for $200.00. On the photographs provided I will award $100.00 for rubbish removal and disposal. Curtains

The landlord’s photographs of the curtains show damage / staining that is consistent with mould.

Mr Matthews submitted that he experienced consistent problems with mould / dampness / condensation during the tenancy. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986

The deterioration of the curtains was not due to any careless or intentional actions by the tenants.

The tenants are not liable for the cost of replacing the curtains. Water rates

Mr Matthews accepted this part of the claim. Wall repair / painting

Ms Hargood submitted that the interior of the property was painted shortly before the start of this tenancy in July 2019.

The end of tenancy show numerous chips, scrapes, and areas of missing paint throughout the interior.

Mr Matthews acknowledged some of the scraping damage, but argued that the chips / missing paint is attributable, at least in part, to a poor paint job and (in some areas) possible house movement / cracks.

Ms Hargood submitted that the 2019 painting was done by a contractor organised by the owners.

From the photographs alone it is impossible to be certain about the cause(s) of the chipping / missing paint areas. The smaller chips could be impact damage. Some of the larger areas of missing paint could indicate an adhesion problem.

The paint was approximately four years old at the end of the tenancy.

Having regard to the age of the paint, and the concerns raised by Mr Matthews that are, at the least, not inconsistent with the photographs provided to me, I will apply depreciation of two-thirds to the proven re-painting cost. Filing fee, bond

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

The amount owed to the landlord exceeds the amount of the bond. The bond will be released to the landlord. N Blake, 13 March 2024

Claims and awards in Tenancy Tribunal application 4766218 — net $291.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$175.00	2023. The quote is for 5 hours of cleaning.
Carpet Cleaning	$85.00	2023. The quote is for 5 hours of cleaning.
Compensation: Painting (walls	$1,303.33	Painting (walls
Water rates	$607.74	Water rates
Rubbish removal	$100.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$291.51
Total payable by Tenant to Landlord	$291.51

Order

Setareh Matthews and Jade Matthews must pay Barfoot & Thompson Limited (as agent for Zhu & Zi Qing) $291.51 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,000.00 (5079165-008) to Barfoot & Thompson Limited (as agent for Zhu & Zi Qing) immediately.

Reasons

Background

The tenancy ended on 26 October 2023.
The landlord’s application sought cleaning and painting / wall repair costs.
At the hearing on 13 March 2024, Ms Hargood presented an amended claim including carpet cleaning, replacement of curtains, water rates, and rubbish removal.
Mr Matthews attended the hearing and agreed to waive notice of the amendments to the claim. Cleaning, carpet cleaning, rubbish removal
Tenants must leave the premises reasonably clean and tidy at the end of the tenancy, and remove all rubbish 1 .
Ms Hargood provided photographs showing that some cleaning was necessary to return the premises to a reasonably clean and tidy condition at the end of the tenancy. Ms Hargood provided a quote from Sparkleigh Clean dated 31 October 2023. The quote is for 5 hours of cleaning. I agree that this is a reasonable assessment of the extent of work required. The owners carried out the cleaning themselves. I will award $175.00 for cleaning (five hours at $35 per hour).
The claim seeks $224.25 for carpet cleaning per an invoice from BH Cleaning dated 12 January 2024. The invoice, dated nearly three months after the end of the tenancy, states that the cleaning was done in the lounge / family room and two bedrooms. The end of tenancy photographs show some red coloured stains on the carpet in one bedroom only.
On this evidence I will award $85.00 for carpet clearning.
The rubbish removal claim relates to several small items left in a garage/storage area underneath the house. The owner carried out the rubbish removal themselves and there is no evidence around the calculation of the claim for $200.00. On the photographs provided I will award $100.00 for rubbish removal and disposal. Curtains
The landlord’s photographs of the curtains show damage / staining that is consistent with mould.
Mr Matthews submitted that he experienced consistent problems with mould / dampness / condensation during the tenancy. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986
The deterioration of the curtains was not due to any careless or intentional actions by the tenants.
The tenants are not liable for the cost of replacing the curtains. Water rates
Mr Matthews accepted this part of the claim. Wall repair / painting
Ms Hargood submitted that the interior of the property was painted shortly before the start of this tenancy in July 2019.
The end of tenancy show numerous chips, scrapes, and areas of missing paint throughout the interior.
Mr Matthews acknowledged some of the scraping damage, but argued that the chips / missing paint is attributable, at least in part, to a poor paint job and (in some areas) possible house movement / cracks.
Ms Hargood submitted that the 2019 painting was done by a contractor organised by the owners.
From the photographs alone it is impossible to be certain about the cause(s) of the chipping / missing paint areas. The smaller chips could be impact damage. Some of the larger areas of missing paint could indicate an adhesion problem.
The paint was approximately four years old at the end of the tenancy.
Having regard to the age of the paint, and the concerns raised by Mr Matthews that are, at the least, not inconsistent with the photographs provided to me, I will apply depreciation of two-thirds to the proven re-painting cost. Filing fee, bond
The landlord has been partially successful in this application, and I will also award the landlord the filing fee of $20.44.
The amount owed to the landlord exceeds the amount of the bond. The bond will be released to the landlord. N Blake, 13 March 2024

Tenancy Tribunal case 4766218 — Cleanliness at 6 Cartwright Road, Onerahi, Whangarei 0110

At a glance

Tenancy Tribunal case 4766218 — Cleanliness at 6 Cartwright Road, Onerahi, Whangarei 0110

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