What was the outcome of Tenancy Tribunal case 4889805?

The tribunal order states: Alexandra Bei and Starvos Kantzidis must pay and Phil Riley $395.44

How much money was awarded in case 4889805?

Cleaning: $390.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Property Damage: $460.00 awarded to landlord

What type of tenancy dispute was case 4889805?

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

Where can I read the official tribunal order for case 4889805?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10593429-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4889805?

The tribunal order states: Alexandra Bei and Starvos Kantzidis must pay and Phil Riley $395.44

How much money was awarded in case 4889805?

Cleaning: $390.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $1,725.00 awarded to landlord; Property Damage: $460.00 awarded to landlord

What type of tenancy dispute was case 4889805?

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

Where can I read the official tribunal order for case 4889805?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10593429-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 555 Manchester Street, St Albans, Christchurch Tenancy Tribunal Case 4889805 — Property damage

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Order

Claims and awards in Tenancy Tribunal application 4889805 — net $395.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$390.00	Carpet Cleaning
Wall repairs	$1,725.00	Wall repairs
Cladding repairs	$460.00	Cladding repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$395.44
Total payable by Tenant to Landlord	$395.44

Alexandra Bei and Starvos Kantzidis must pay and Phil Riley $395.44 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,200.00 (6384628-004) to Whalan And Partners Limited T/A Bayleys Property Management Canterbury As Agent For Phil Riley immediately.

The application for cleaning costs is dismissed.

Reasons

Both parties attended the hearing. Ms Hawker and Ms Winter represented the landlord. Ms Bay attended for the tenants.

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

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

I am satisfied that the tenants did not leave the carpets at the premises reasonably clean as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

Ms Bay claims that the stains on the carpets should be considered as fair wear and tear however I consider it reasonable for the landlords to have the stains removed as part of the obligation on a tenant to leave the premises reasonably clean.

The amount claimed has been established by the production of an invoice.

I dismiss the claim for the cost ($40.00) to clean the shower drain. I am satisfied that the tenants have complied with their obligation to leave the premises overall (apart from the carpets) in a reasonably clean condition. The failure to clean the shower drain was a minor oversight only and, in my view, part of the additional cleaning that is often required by a landlord at the end of a tenancy.

Are the tenants responsible for the damage to the premises?

The landlord claims that the walls in a bedroom, the living room, dining room and the garage were damaged during the tenancy and the damage is beyond fair wear and tear. Ms Bay accepts the damage, but she disputes the amount claimed to repair it. In particular, she claims that they should have been given the opportunity to get their own quotes to repair the damage and/or the landlords should have obtained other quotes before having the work done.

A tenant’s obligation is to repair any damage for which they are responsible before the tenancy ends. If the tenant fails to do so, the landlord is not obliged to allow the tenant to return to the premise to complete the repairs themselves or arrange their own contractor to do so. The landlord is entitled to have the repairs completed and claim the reasonable costs from the tenant. There is no obligation on a landlord to obtain more than one quote. I therefore find the tenants liable for the amount claimed to repair the damage to the walls. There is no evidence to support the tenants’ belief that the amount claimed is not reasonable.

The landlord also claims the cost to repair the cladding on the outside wall by the garage door. Ms Bay claims that the damage shown by the landlord in photographs is not new damage, rather it is simply poor repairs paid for by the tenants during the tenancy (the same area had been damaged by the tenants in or about October 2023).

However, I find that the damage claimed is new damage that has occurred after October 2023. I find particular support in my finding from a photograph of the area taken on 11 October 2023, soon after the original repairs were completed. Moreover, even if it was the same damage, the tenants are required to ensure that the repairs are completed with reasonable care and skill.

I therefore find the tenants liable for the cost to repair the cladding. The amount claimed has been established by the production of an invoice.

The landlords have been mostly successful in their claims, and I consider this an appropriate case to award them payment of the Tribunal application fee.

Order

Claims and awards in Tenancy Tribunal application 4889805 — net $395.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$390.00	Carpet Cleaning
Wall repairs	$1,725.00	Wall repairs
Cladding repairs	$460.00	Cladding repairs
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$395.44
Total payable by Tenant to Landlord	$395.44

Alexandra Bei and Starvos Kantzidis must pay and Phil Riley $395.44 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,200.00 (6384628-004) to Whalan And Partners Limited T/A Bayleys Property Management Canterbury As Agent For Phil Riley immediately.

The application for cleaning costs is dismissed.

Reasons

Both parties attended the hearing. Ms Hawker and Ms Winter represented the landlord. Ms Bay attended for the tenants.

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

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

I am satisfied that the tenants did not leave the carpets at the premises reasonably clean as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

The amount claimed has been established by the production of an invoice.

Are the tenants responsible for the damage to the premises?

I therefore find the tenants liable for the cost to repair the cladding. The amount claimed has been established by the production of an invoice.

The landlords have been mostly successful in their claims, and I consider this an appropriate case to award them payment of the Tribunal application fee.

Tenancy Tribunal case 4889805 — Property damage at Unit/Flat 2, 555 Manchester Street, St Albans, Christchurch

At a glance

Tenancy Tribunal case 4889805 — Property damage at Unit/Flat 2, 555 Manchester Street, St Albans, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions