What was the outcome of Tenancy Tribunal case 4844410?

The tribunal order states: Scott Burnett to pay Malcolm Corbett Robertson and Nicole Robertson

How much money was awarded in case 4844410?

Cleaning: $470.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $720.20 awarded to landlord

What type of tenancy dispute was case 4844410?

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

Where can I read the official tribunal order for case 4844410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10477681-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4844410?

The tribunal order states: Scott Burnett to pay Malcolm Corbett Robertson and Nicole Robertson

How much money was awarded in case 4844410?

Cleaning: $470.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $720.20 awarded to landlord

What type of tenancy dispute was case 4844410?

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

Where can I read the official tribunal order for case 4844410?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10477681-Tenancy_Tribunal_Order.pdf.

42 Mahurangi East Road, Snells Beach, RD 2, Snells Beach Tenancy Tribunal Case 4844410 — Property damage

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42 Mahurangi East Road, Snells Beach, RD 2, Snells Beach Tenancy Tribunal Case 4844410 — 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 4844410 — net $1,210.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$470.00	Carpet Cleaning
Repair to walls	$720.20	Repair to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,210.64
Bond	$2,600.00
Total payable by Tenant to Landlord	$1,210.64

Claims and awards for application 4844410 — net $1,210.64 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $470.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repair to walls

Amount: $720.20
Awarded to: Landlord
Reason: Repair to walls

Filing fee reimbursement

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

Net award

Landlord $1,210.64

Bond

Landlord $2,600.00

Total payable by Tenant to Landlord

Landlord $1,210.64

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

Scott Burnett to pay Malcolm Corbett Robertson and Nicole Robertson $1,210.64 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (5019612-002) immediately apportioned as follows: Malcolm Corbett Robertson and Nicole Robertson: $1,210.64 Scott Burnet and Justina Brulinska: $1,389.36

Reasons

Both parties attended the hearing today.
This order ought to be read together with the Tribunal’s Order dated 8 May 2024. I adjourned the hearing on that day to give the parties an opportunity to provide further evidence in relation to the claims.
The law relating to the claims is contained in that order.
I shall address each of the claims in turn. Carpet Cleaning
The photos show staining to the carpet in the living room, the hallway and the study.
While the tenants say that only spot cleaning was required to remove the stains. I accept that the landlord was entitled to have the whole carpet cleaned given that the stains were spread throughout the house.
I accept that the cost of cleaning was $470.00. This was proven with an invoice. Damage to Walls
The photos show that there was a hole in the wall in one bedroom and damage to the wall due to stickers being removed in another bedroom.
It was acknowledged that this damage occurred during the tenancy.
As advised at today’s hearing, when a tenant causes damage to property, the landlord is not required to give the tenant an opportunity to repair it. The cost of repair needs to be reasonable.
I am satisfied that the cost of repair is reasonable because I accept that only the walls that were damaged were painted.
I also accept that the excess of $400.00 payable for each damage is more than the actual cost of repair.
An invoice of $720.20 proves the cost of repair. Damage to Blind
As an applicant, the landlord is required to prove their case on the balance of probability.
The blind company advised the landlord that the damage was either caused by a sharp object, or because the closed or half closed blind has flicked out of the window while the doors adjacent to the blind were open.
While I accept that this damage was caused during the tenant’s tenancy, I am satisfied that the damage was more likely than not, fair wear and tear. I say this because I consider it unlikely that a sharp object was put to the blind (and the tenant says that that would not have happened) and because a half open or closed blind while the doors were open is within the range of what I consider to be normal use of a blind.
This part of the landlord’s claim is therefore dismissed. Filing Fee Reimbursement
The landlords have substantially succeeded with the claim and I am therefore ordering the tenants to reimburse them the filing fee. C ter Haar 19 June 2024

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 4844410 — net $1,210.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$470.00	Carpet Cleaning
Repair to walls	$720.20	Repair to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,210.64
Bond	$2,600.00
Total payable by Tenant to Landlord	$1,210.64

Claims and awards for application 4844410 — net $1,210.64 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $470.00
Awarded to: Landlord
Reason: Carpet Cleaning

Repair to walls

Amount: $720.20
Awarded to: Landlord
Reason: Repair to walls

Filing fee reimbursement

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

Net award

Landlord $1,210.64

Bond

Landlord $2,600.00

Total payable by Tenant to Landlord

Landlord $1,210.64

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage

Order

Scott Burnett to pay Malcolm Corbett Robertson and Nicole Robertson $1,210.64 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 (5019612-002) immediately apportioned as follows: Malcolm Corbett Robertson and Nicole Robertson: $1,210.64 Scott Burnet and Justina Brulinska: $1,389.36

Reasons

Both parties attended the hearing today.
This order ought to be read together with the Tribunal’s Order dated 8 May 2024. I adjourned the hearing on that day to give the parties an opportunity to provide further evidence in relation to the claims.
The law relating to the claims is contained in that order.
I shall address each of the claims in turn. Carpet Cleaning
The photos show staining to the carpet in the living room, the hallway and the study.
While the tenants say that only spot cleaning was required to remove the stains. I accept that the landlord was entitled to have the whole carpet cleaned given that the stains were spread throughout the house.
I accept that the cost of cleaning was $470.00. This was proven with an invoice. Damage to Walls
The photos show that there was a hole in the wall in one bedroom and damage to the wall due to stickers being removed in another bedroom.
It was acknowledged that this damage occurred during the tenancy.
As advised at today’s hearing, when a tenant causes damage to property, the landlord is not required to give the tenant an opportunity to repair it. The cost of repair needs to be reasonable.
I am satisfied that the cost of repair is reasonable because I accept that only the walls that were damaged were painted.
I also accept that the excess of $400.00 payable for each damage is more than the actual cost of repair.
An invoice of $720.20 proves the cost of repair. Damage to Blind
As an applicant, the landlord is required to prove their case on the balance of probability.
The blind company advised the landlord that the damage was either caused by a sharp object, or because the closed or half closed blind has flicked out of the window while the doors adjacent to the blind were open.
While I accept that this damage was caused during the tenant’s tenancy, I am satisfied that the damage was more likely than not, fair wear and tear. I say this because I consider it unlikely that a sharp object was put to the blind (and the tenant says that that would not have happened) and because a half open or closed blind while the doors were open is within the range of what I consider to be normal use of a blind.
This part of the landlord’s claim is therefore dismissed. Filing Fee Reimbursement
The landlords have substantially succeeded with the claim and I am therefore ordering the tenants to reimburse them the filing fee. C ter Haar 19 June 2024

Tenancy Tribunal case 4844410 — Property damage at 42 Mahurangi East Road, Snells Beach, RD 2, Snells Beach

At a glance

Tenancy Tribunal case 4844410 — Property damage at 42 Mahurangi East Road, Snells Beach, RD 2, Snells Beach

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions