What was the outcome of Tenancy Tribunal case 4834478?

The tribunal order states: Stephen Anderson is liable to pay Lisa Thompson $474.08 from the bond,

How much money was awarded in case 4834478?

Cleaning: $220.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $47.56 awarded to landlord; Property Damage: $157.63 awarded to landlord; Replace Curtains: $28.45 awarded to landlord

What type of tenancy dispute was case 4834478?

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

Where can I read the official tribunal order for case 4834478?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10482478-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4834478?

The tribunal order states: Stephen Anderson is liable to pay Lisa Thompson $474.08 from the bond,

How much money was awarded in case 4834478?

Cleaning: $220.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $47.56 awarded to landlord; Property Damage: $157.63 awarded to landlord; Replace Curtains: $28.45 awarded to landlord

What type of tenancy dispute was case 4834478?

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

Where can I read the official tribunal order for case 4834478?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10482478-Tenancy_Tribunal_Order.pdf.

61A Ajax Street, Saint Kilda, Dunedin 9012 Tenancy Tribunal Case 4834478 — Cleanliness

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61A Ajax Street, Saint Kilda, Dunedin 9012 Tenancy Tribunal Case 4834478 — 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 4834478 — net $474.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning as agreed	$220.00	Carpet Cleaning as agreed
Lock/key replacement	$47.56	Lock/key replacement
Paint repairs to walls	$157.63	Paint repairs to walls
Replace curtains	$28.45	Replace curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$474.08
Bond	$1,400.00
Total payable by Tenant to Landlord	$474.08

Claims and awards for application 4834478 — net $474.08 NZD. Verify on MoJ.

Carpet Cleaning as agreed

Amount: $220.00
Awarded to: Landlord
Reason: Carpet Cleaning as agreed

Lock/key replacement

Amount: $47.56
Awarded to: Landlord
Reason: Lock/key replacement

Paint repairs to walls

Amount: $157.63
Awarded to: Landlord
Reason: Paint repairs to walls

Replace curtains

Amount: $28.45
Awarded to: Landlord
Reason: Replace curtains

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

Stephen Anderson is liable to pay Lisa Thompson $474.08 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 (3135221-016) immediately apportioned as follows: Lisa Thompson: $474.08 Stephen Anderson: $925.92

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord sought compensation of $1,078.83 as follows: a. $220.00 carpet cleaning b. $811.87 cleaning c. $47.56 for changing locks.
In support of the claim the landlord provided photographs, receipts and a cleaning quote.
The tenant agreed to the costs of carpet cleaning and that he did not return all keys.
However, the tenant disputed the cleaning costs.
An award has been made for the carpet cleaning and lock replacement.
Except for the oven, I am not persuaded that the tenant did not leave the premises reasonably clean and tidy and remove all rubbish. The claim fails.
The claim for cleaning costs also fails because the landlord has not incurred the costs, despite the tenancy ending three months ago.

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.
The landlord sought compensation of $186.08 as follows: a. $157.63 for painting of walls and a windowsill b. $28.45 for replacement of a net curtain.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
I am satisfied from the photographs that damage was caused to walls and a net curtain during the tenancy and is more than fair wear and tear.
The amounts ordered are proved.
As Lisa Thompson has substantially succeeded with the claim I have awarded the filing fee.

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 4834478 — net $474.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning as agreed	$220.00	Carpet Cleaning as agreed
Lock/key replacement	$47.56	Lock/key replacement
Paint repairs to walls	$157.63	Paint repairs to walls
Replace curtains	$28.45	Replace curtains
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$474.08
Bond	$1,400.00
Total payable by Tenant to Landlord	$474.08

Claims and awards for application 4834478 — net $474.08 NZD. Verify on MoJ.

Carpet Cleaning as agreed

Amount: $220.00
Awarded to: Landlord
Reason: Carpet Cleaning as agreed

Lock/key replacement

Amount: $47.56
Awarded to: Landlord
Reason: Lock/key replacement

Paint repairs to walls

Amount: $157.63
Awarded to: Landlord
Reason: Paint repairs to walls

Replace curtains

Amount: $28.45
Awarded to: Landlord
Reason: Replace curtains

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

Stephen Anderson is liable to pay Lisa Thompson $474.08 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,400.00 (3135221-016) immediately apportioned as follows: Lisa Thompson: $474.08 Stephen Anderson: $925.92

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The landlord sought compensation of $1,078.83 as follows: a. $220.00 carpet cleaning b. $811.87 cleaning c. $47.56 for changing locks.
In support of the claim the landlord provided photographs, receipts and a cleaning quote.
The tenant agreed to the costs of carpet cleaning and that he did not return all keys.
However, the tenant disputed the cleaning costs.
An award has been made for the carpet cleaning and lock replacement.
Except for the oven, I am not persuaded that the tenant did not leave the premises reasonably clean and tidy and remove all rubbish. The claim fails.
The claim for cleaning costs also fails because the landlord has not incurred the costs, despite the tenancy ending three months ago.

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.
The landlord sought compensation of $186.08 as follows: a. $157.63 for painting of walls and a windowsill b. $28.45 for replacement of a net curtain.
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.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
I am satisfied from the photographs that damage was caused to walls and a net curtain during the tenancy and is more than fair wear and tear.
The amounts ordered are proved.
As Lisa Thompson has substantially succeeded with the claim I have awarded the filing fee.

Tenancy Tribunal case 4834478 — Cleanliness at 61A Ajax Street, Saint Kilda, Dunedin 9012

At a glance

Tenancy Tribunal case 4834478 — Cleanliness at 61A Ajax Street, Saint Kilda, Dunedin 9012

At a glance

Award balance

Claims & awards

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

Frequently asked questions

Award balance

Claims & awards

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

Frequently asked questions