What was the outcome of Tenancy Tribunal case 5006369?

The tribunal order states: Samantha Doak and Rodger Weatherall must pay Inspire Property

How much money was awarded in case 5006369?

Cleaning: $345.00 awarded to landlord; Cleaning: $359.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $611.75 awarded to landlord; Walls & Doors: $400.00 awarded to landlord

What type of tenancy dispute was case 5006369?

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

Where can I read the official tribunal order for case 5006369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11391426-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5006369?

The tribunal order states: Samantha Doak and Rodger Weatherall must pay Inspire Property

How much money was awarded in case 5006369?

Cleaning: $345.00 awarded to landlord; Cleaning: $359.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $250.00 awarded to landlord; Property Damage: $611.75 awarded to landlord; Walls & Doors: $400.00 awarded to landlord

What type of tenancy dispute was case 5006369?

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

Where can I read the official tribunal order for case 5006369?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11391426-Tenancy_Tribunal_Order.pdf.

21 Ayr Street, Marchwiel, Timaru 7910 Tenancy Tribunal Case 5006369 — Property damage

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21 Ayr Street, Marchwiel, Timaru 7910 Tenancy Tribunal Case 5006369 — 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 5006369 — net $1,992.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$359.00	Cleaning
Carpet Cleaning	$345.00	Carpet Cleaning
Lock/key replacement	$250.00	Lock/key replacement
Window repairs	$611.75	Window repairs
Repairs: Walls & Doors	$400.00	Repairs: Walls & Doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,992.75
Total payable by Tenant to Landlord	$1,992.75

Claims and awards for application 5006369 — net $1,992.75 NZD. Verify on MoJ.

Cleaning

Amount: $359.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $345.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement

Amount: $250.00
Awarded to: Landlord
Reason: Lock/key replacement

Window repairs

Amount: $611.75
Awarded to: Landlord
Reason: Window repairs

Repairs: Walls & Doors

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: Walls & Doors

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

Samantha Doak and Rodger Weatherall must pay Inspire Property Management Limited - As Agent For Noti Henare $1,992.75 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$359.00 Carpet Cleaning$345.00 Lock/key replacement$250.00 Window repairs$611.75 Repairs: Walls & Doors$400.00 Filing fee reimbursement$27.00 Total award$1,992.75 Total payable by Tenant to Landlord$1,992.75
The Landlord’s other claims are dismissed.

Reasons

A representative of the Landlord attended the hearing. The tenants did not attend by the video link provided with the notice of hearing. I tried to call them during the hearing but received “no response” messages.
The landlord has applied for compensation 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord says that the tenant did not return the keys.
The landlord provided photographs and invoices to prove the cleaning and carpet cleaning claims.
Some rubbish removal was paid for from the bond. The landlord did not provide evidence (receipt or invoice) to establish a claim for any additional rubbish removal costs.
The landlord claimed $822.00 for lock and key replacement. That amount is significantly more than a standard rekeying or key replacement. The invoice refers to the condition of the locks (a maintenance issue). Having regard to the evidence and similar claims, I award $250 for rekeying of locks.
The landlord also claimed $109 for a heat pump clean. However, the invoice refers to annual servicing. That is a landlord maintenance item. the claim is dismissed.

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 claimed that windows were broken and that there was range of minor damage caused during the tenancy.
The window damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided a copy of the invoice for repair. The amounts ordered are proved.
The landlord referred to an invoice from a handyman for the other “damage” claimed. The invoice included a range of “wear & tear”, maintenance and repair items. Having regard to the outgoing photographs, I am satisfied that wall and door damage is more than fair wear and tear and award $400 for repairs. The other items claimed were not proved and are dismissed.
As the landlord was partially successful, I also award reimbursement of the Tribunal application 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 5006369 — net $1,992.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$359.00	Cleaning
Carpet Cleaning	$345.00	Carpet Cleaning
Lock/key replacement	$250.00	Lock/key replacement
Window repairs	$611.75	Window repairs
Repairs: Walls & Doors	$400.00	Repairs: Walls & Doors
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,992.75
Total payable by Tenant to Landlord	$1,992.75

Claims and awards for application 5006369 — net $1,992.75 NZD. Verify on MoJ.

Cleaning

Amount: $359.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $345.00
Awarded to: Landlord
Reason: Carpet Cleaning

Lock/key replacement

Amount: $250.00
Awarded to: Landlord
Reason: Lock/key replacement

Window repairs

Amount: $611.75
Awarded to: Landlord
Reason: Window repairs

Repairs: Walls & Doors

Amount: $400.00
Awarded to: Landlord
Reason: Repairs: Walls & Doors

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

Samantha Doak and Rodger Weatherall must pay Inspire Property Management Limited - As Agent For Noti Henare $1,992.75 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$359.00 Carpet Cleaning$345.00 Lock/key replacement$250.00 Window repairs$611.75 Repairs: Walls & Doors$400.00 Filing fee reimbursement$27.00 Total award$1,992.75 Total payable by Tenant to Landlord$1,992.75
The Landlord’s other claims are dismissed.

Reasons

A representative of the Landlord attended the hearing. The tenants did not attend by the video link provided with the notice of hearing. I tried to call them during the hearing but received “no response” messages.
The landlord has applied for compensation 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 did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord says that the tenant did not return the keys.
The landlord provided photographs and invoices to prove the cleaning and carpet cleaning claims.
Some rubbish removal was paid for from the bond. The landlord did not provide evidence (receipt or invoice) to establish a claim for any additional rubbish removal costs.
The landlord claimed $822.00 for lock and key replacement. That amount is significantly more than a standard rekeying or key replacement. The invoice refers to the condition of the locks (a maintenance issue). Having regard to the evidence and similar claims, I award $250 for rekeying of locks.
The landlord also claimed $109 for a heat pump clean. However, the invoice refers to annual servicing. That is a landlord maintenance item. the claim is dismissed.

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 claimed that windows were broken and that there was range of minor damage caused during the tenancy.
The window damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The landlord provided a copy of the invoice for repair. The amounts ordered are proved.
The landlord referred to an invoice from a handyman for the other “damage” claimed. The invoice included a range of “wear & tear”, maintenance and repair items. Having regard to the outgoing photographs, I am satisfied that wall and door damage is more than fair wear and tear and award $400 for repairs. The other items claimed were not proved and are dismissed.
As the landlord was partially successful, I also award reimbursement of the Tribunal application fee.

Tenancy Tribunal case 5006369 — Property damage at 21 Ayr Street, Marchwiel, Timaru 7910

At a glance

Tenancy Tribunal case 5006369 — Property damage at 21 Ayr Street, Marchwiel, Timaru 7910

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

Property management

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

Property management

Frequently asked questions