What was the outcome of Tenancy Tribunal case 5138290?

The tribunal order states: Venma Thomas to pay 3G Construction Limited $390.00 from the bond,

How much money was awarded in case 5138290?

Sticky Benchtop Residue: $390.00 awarded to landlord

What type of tenancy dispute was case 5138290?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5138290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11750757-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5138290?

The tribunal order states: Venma Thomas to pay 3G Construction Limited $390.00 from the bond,

How much money was awarded in case 5138290?

Sticky Benchtop Residue: $390.00 awarded to landlord

What type of tenancy dispute was case 5138290?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 5138290?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11750757-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 58 Taharoto Road, Takapuna, Auckland 0622 Tenancy Tribunal Case 5138290 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5138290 — net $390.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Sticky benchtop residue	$390.00	Repairs: Sticky benchtop residue
Net award	$390.00
Total payable by Tenant to Landlord	$390.00

Both parties attended the teleconference hearing on 15 April 2025.

The tenancy began on 8 November 2023 and finished on 9 January 2025.

The tenant applied for compensation for having replaced the curtains in the lounge and having placed a new mat in the lounge during the tenancy. The tenant wanted her bond refunded in full also. 5138290, 51636152

The landlord made a cross-application seeking for compensation for the exit cleaning, replacement of the benchtop, replacement of all curtains, replacement of a single mattress and loss of rent due to the remedial work required.

I deal with the tenant’s application first. The tenant’s claims

The tenant said that the premises had been filthy and mouldy when the tenant first moved in. She said that she cleaned the premises herself at the beginning of the tenancy.

The tenant explained that landlord had not done any inspection or maintenance herself when the tenant moved in.

The tenant said that she had replaced the curtains in the lounge as it was mouldy and that she had put a new mat in the lounge area and sought $252.00 as compensation.

However, the tenant did not have photos or videos to prove the condition of the curtains in the lounge before she had replaced it with her own. There were also no photos to prove the need for a new mat in the lounge area.

There were no invoices to prove her claims neither.

As such, I do not find that the tenant has proven this claim to the required standard.

The tenant’s claims are dismissed. The landlord’s claims

The landlord claimed for exit cleaning, replacement of kitchen benchtop, replacement of curtains, replacement of a single mattress and rental loss due to remedial work required.

Although the total amount calculate was $2,355.00, the landlord only claimed for $1,000.00.

The reason the landlord was only claiming $1,000.00 was that the landlord acknowledged not having photos to prove the condition of the premises at the beginning of the tenancy.

The landlord had some photos taken at the end of the tenancy to show that the premises was not left reasonably clean at the end.

However, the landlord had nothing to rebut the tenant’s claim that the premises was worse at the beginning of the tenancy in terms of cleanliness.

The only point that the tenant accepted was having wrapped the benchtop during the tenancy to cover up existing damages on the benchtop. 5138290, 51636153

Although the tenant had placed the wrapping to stop the benchtop from incurring more damage, it seems that the tenant could not get rid of all the sticky residue after having removed the wrapping at the end of the tenancy.

The landlord said that she tried to clean it using different products but could not get the residue off completely.

I accept that compensation is required to either have it cleaned professionally or for the benchtop to be replaced if need be.

I find $390.00 as a reasonable compensation amount for this and order the tenant to pay the landlord accordingly. I do not find that the tenant needs to pay for anything more than that.

All other claims by the landlord are dismissed. Refund of the bond

The amount ordered against the tenant is to be paid from the bond.

The remaining bond is to be refunded back to the tenant.

Claims and awards in Tenancy Tribunal application 5138290 — net $390.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs: Sticky benchtop residue	$390.00	Repairs: Sticky benchtop residue
Net award	$390.00
Total payable by Tenant to Landlord	$390.00

Order

Venma Thomas to pay 3G Construction Limited $390.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $390.00 (BN-00013973) to 3G Construction Limited immediately. The Bond Centre is to pay the bond of $2,070.00 (BN-00013973) to Venma Thomas immediately.

Reasons

Both parties attended the teleconference hearing on 15 April 2025.
The tenancy began on 8 November 2023 and finished on 9 January 2025.
The tenant applied for compensation for having replaced the curtains in the lounge and having placed a new mat in the lounge during the tenancy. The tenant wanted her bond refunded in full also. 5138290, 51636152
The landlord made a cross-application seeking for compensation for the exit cleaning, replacement of the benchtop, replacement of all curtains, replacement of a single mattress and loss of rent due to the remedial work required.
I deal with the tenant’s application first. The tenant’s claims
The tenant said that the premises had been filthy and mouldy when the tenant first moved in. She said that she cleaned the premises herself at the beginning of the tenancy.
The tenant explained that landlord had not done any inspection or maintenance herself when the tenant moved in.
The tenant said that she had replaced the curtains in the lounge as it was mouldy and that she had put a new mat in the lounge area and sought $252.00 as compensation.
However, the tenant did not have photos or videos to prove the condition of the curtains in the lounge before she had replaced it with her own. There were also no photos to prove the need for a new mat in the lounge area.
There were no invoices to prove her claims neither.
As such, I do not find that the tenant has proven this claim to the required standard.
The tenant’s claims are dismissed. The landlord’s claims
The landlord claimed for exit cleaning, replacement of kitchen benchtop, replacement of curtains, replacement of a single mattress and rental loss due to remedial work required.
Although the total amount calculate was $2,355.00, the landlord only claimed for $1,000.00.
The reason the landlord was only claiming $1,000.00 was that the landlord acknowledged not having photos to prove the condition of the premises at the beginning of the tenancy.
The landlord had some photos taken at the end of the tenancy to show that the premises was not left reasonably clean at the end.
However, the landlord had nothing to rebut the tenant’s claim that the premises was worse at the beginning of the tenancy in terms of cleanliness.
The only point that the tenant accepted was having wrapped the benchtop during the tenancy to cover up existing damages on the benchtop. 5138290, 51636153
Although the tenant had placed the wrapping to stop the benchtop from incurring more damage, it seems that the tenant could not get rid of all the sticky residue after having removed the wrapping at the end of the tenancy.
The landlord said that she tried to clean it using different products but could not get the residue off completely.
I accept that compensation is required to either have it cleaned professionally or for the benchtop to be replaced if need be.
I find $390.00 as a reasonable compensation amount for this and order the tenant to pay the landlord accordingly. I do not find that the tenant needs to pay for anything more than that.
All other claims by the landlord are dismissed. Refund of the bond
The amount ordered against the tenant is to be paid from the bond.
The remaining bond is to be refunded back to the tenant.

Tenancy Tribunal case 5138290 — Property damage at Unit/Flat 2, 58 Taharoto Road, Takapuna, Auckland 0622

At a glance

Tenancy Tribunal case 5138290 — Property damage at Unit/Flat 2, 58 Taharoto Road, Takapuna, Auckland 0622

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions