What was the outcome of Tenancy Tribunal case 5014233?

The tribunal order states: Chloe Hessell and Tylar Sykes must pay Inspire Property Management Limited

How much money was awarded in case 5014233?

Cleaning: $200.00 awarded to landlord; Cleaning: $1,495.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $1,596.96 awarded to landlord; Rent Arrears: $378.57 awarded to landlord; Repainting Walls Incl Depreciation: $1,000.00 awarded to landlord; Rubbish Removal: $510.00 awarded to landlord

What type of tenancy dispute was case 5014233?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 5014233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11030457-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5014233?

The tribunal order states: Chloe Hessell and Tylar Sykes must pay Inspire Property Management Limited

How much money was awarded in case 5014233?

Cleaning: $200.00 awarded to landlord; Cleaning: $1,495.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $1,596.96 awarded to landlord; Rent Arrears: $378.57 awarded to landlord; Repainting Walls Incl Depreciation: $1,000.00 awarded to landlord; Rubbish Removal: $510.00 awarded to landlord

What type of tenancy dispute was case 5014233?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 5014233?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11030457-Tenancy_Tribunal_Order.pdf.

519 Tuam Street, Phillipstown, Christchurch 8011 Tenancy Tribunal Case 5014233 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5014233 — net $3,087.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$378.57		Rent arrears
Carpet Cleaning: (removal of paint stains	$200.00		Carpet Cleaning: (removal of paint stains
Cleaning: (including oven and less exterior windows	$1,495.00		Cleaning: (including oven and less exterior windows
Lawns and Garden work: (including loading skip with	$1,596.96		Lawns and Garden work: (including loading skip with
Rubbish removal: (skip hire	$510.00		Rubbish removal: (skip hire
Repairs: repainting walls incl depreciation	$1,000.00		Repairs: repainting walls incl depreciation
Filing fee reimbursement	$27.00		Filing fee reimbursement
bond already received by landlord by consent		$2,120.00	bond already received by landlord by consent
Total award	$5,207.53	$2,120.00
Net award	$3,087.53
Total payable by Tenant to Landlord	$3,087.53

Ms Patterson attended the hearing on behalf of the landlord.

The tenants did not attend.

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

The tenants have already signed the bond over to the landlord in part payment of the compensation amount.

How much is owed for rent?

The tenancy ended on 11 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, being $378.57 for five days rent from 7 September to the end date (inclusive).

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, and leave all chattels provided for their benefit under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenants had attempted to repaint some rooms at the property and had spilt paint on the carpet which had to be cleaned at a cost of $200.00.

The tenants had run out of time to clean the property and a cleaning invoice was provided in the sum of $1,587.00. This included a full clean of the house including the oven and removal of paint spills from wooden floors.

This invoice also included cleaning the outside windows at a cost of $80 plus GST ($92.00) which is the landlord’s responsibility, so this amount was deducted from the total invoice leaving a balance owing of $1,495.00.

A large number of items had been left through the property at the end of the tenancy.

An invoice for $1,596.96 included labour for the loading of a skip with items left through out the garden, garden work and dumping costs.

A blind had been damaged (photographs supplied) and was replaced with a cost-effective readymade curtain the supply and installation of the curtain (totalling $159.00) was also included in the above invoice.

A skip was hired at a cost of $510.00.

Photographs and invoices were provided to support all claims and the amounts ordered are proved.

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.

Just prior to the tenancy ending, the tenants had attempted to repaint walls in some of the rooms. The painting was not completed with the appropriate materials and was not finished. The walls will need to be repainted.

The landlord provided photographs to show the damage.

The damage has not yet been repainted as a new tenant wished to move into the property before this could be done.

One quotation was provided to show the estimated cost of repainting the walls, being $2,599.00.

The Tribunal does not make payments on the basis of quotations easily. Usually, a party must show that the work has been completed and that the costs incurred are reasonable.

In this case, it is clear that the work will have to be completed at some time in the future.

The property had been renovated just prior to the current owners purchasing not long before the tenancy commenced.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I consider it reasonable that a contribution of $1,000.00 be ordered as compensation towards the eventual repainting of the rooms in question.

The amount ordered is proved.

As Inspire Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5014233 — net $3,087.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$378.57		Rent arrears
Carpet Cleaning: (removal of paint stains	$200.00		Carpet Cleaning: (removal of paint stains
Cleaning: (including oven and less exterior windows	$1,495.00		Cleaning: (including oven and less exterior windows
Lawns and Garden work: (including loading skip with	$1,596.96		Lawns and Garden work: (including loading skip with
Rubbish removal: (skip hire	$510.00		Rubbish removal: (skip hire
Repairs: repainting walls incl depreciation	$1,000.00		Repairs: repainting walls incl depreciation
Filing fee reimbursement	$27.00		Filing fee reimbursement
bond already received by landlord by consent		$2,120.00	bond already received by landlord by consent
Total award	$5,207.53	$2,120.00
Net award	$3,087.53
Total payable by Tenant to Landlord	$3,087.53

Order

Chloe Hessell and Tylar Sykes must pay Inspire Property Management Limited $3,087.53 immediately, calculated as shown in table below.

Reasons

Ms Patterson attended the hearing on behalf of the landlord.
The tenants did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The tenants have already signed the bond over to the landlord in part payment of the compensation amount.

How much is owed for rent?

The tenancy ended on 11 September 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, being $378.57 for five days rent from 7 September to the end date (inclusive).

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, and leave all chattels provided for their benefit under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenants had attempted to repaint some rooms at the property and had spilt paint on the carpet which had to be cleaned at a cost of $200.00.
The tenants had run out of time to clean the property and a cleaning invoice was provided in the sum of $1,587.00. This included a full clean of the house including the oven and removal of paint spills from wooden floors.
This invoice also included cleaning the outside windows at a cost of $80 plus GST ($92.00) which is the landlord’s responsibility, so this amount was deducted from the total invoice leaving a balance owing of $1,495.00.
A large number of items had been left through the property at the end of the tenancy.
An invoice for $1,596.96 included labour for the loading of a skip with items left through out the garden, garden work and dumping costs.
A blind had been damaged (photographs supplied) and was replaced with a cost-effective readymade curtain the supply and installation of the curtain (totalling $159.00) was also included in the above invoice.
A skip was hired at a cost of $510.00.
Photographs and invoices were provided to support all claims and the amounts ordered are proved.

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.
Just prior to the tenancy ending, the tenants had attempted to repaint walls in some of the rooms. The painting was not completed with the appropriate materials and was not finished. The walls will need to be repainted.
The landlord provided photographs to show the damage.
The damage has not yet been repainted as a new tenant wished to move into the property before this could be done.
One quotation was provided to show the estimated cost of repainting the walls, being $2,599.00.
The Tribunal does not make payments on the basis of quotations easily. Usually, a party must show that the work has been completed and that the costs incurred are reasonable.
In this case, it is clear that the work will have to be completed at some time in the future.
The property had been renovated just prior to the current owners purchasing not long before the tenancy commenced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I consider it reasonable that a contribution of $1,000.00 be ordered as compensation towards the eventual repainting of the rooms in question.
The amount ordered is proved.
As Inspire Property Management Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5014233 — Cleanliness at 519 Tuam Street, Phillipstown, Christchurch 8011

At a glance

Tenancy Tribunal case 5014233 — Cleanliness at 519 Tuam Street, Phillipstown, Christchurch 8011

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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