How much money was awarded in case 5187031?

Cleaning: $650.00 awarded to landlord; Compensation: $180.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,950.00 awarded to landlord; Property Damage: $673.35 awarded to landlord; Property Damage: $60.00 awarded to landlord; Property Damage: $680.00 awarded to landlord; Property Damage: $90.85 awarded to landlord; Property Damage: $1,300.00 awarded to landlord; Rent Arrears: $2,171.43 awarded to landlord

What type of tenancy dispute was case 5187031?

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

Where can I read the official tribunal order for case 5187031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11905960-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5187031?

Cleaning: $650.00 awarded to landlord; Compensation: $180.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $1,950.00 awarded to landlord; Property Damage: $673.35 awarded to landlord; Property Damage: $60.00 awarded to landlord; Property Damage: $680.00 awarded to landlord; Property Damage: $90.85 awarded to landlord; Property Damage: $1,300.00 awarded to landlord; Rent Arrears: $2,171.43 awarded to landlord

What type of tenancy dispute was case 5187031?

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

Where can I read the official tribunal order for case 5187031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11905960-Tenancy_Tribunal_Order.pdf.

694 Whitemans Valley Road, Whitemans Valley, RD 1, Tenancy Tribunal Case 5187031 — Property damage

Q: What was the outcome of Tenancy Tribunal case 5187031?

The tribunal order states: Bailey Miria Binns must pay Steadfast Property Management Limited $5,209.63

Claims and awards in Tenancy Tribunal application 5187031 — net $5,209.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
The parties agreed to the following arrears and compensation Rent arrears to termination	$2,171.43	The parties agreed to the following arrears and compensation Rent arrears to termination
Master Bedroom walls/ceiling repair	$1,950.00	Master Bedroom walls/ceiling repair
Two windows repaired	$673.35	Two windows repaired
Door replacement	$60.00	Door replacement
Ensuite and towel rail repair	$680.00	Ensuite and towel rail repair
Power socket repair	$90.85	Power socket repair
Carpet replacement - 2 bedrooms - excesses	$1,300.00	Carpet replacement - 2 bedrooms - excesses
Compensation determined by the Tribunal 1 set of curtains and labour	$180.00	Compensation determined by the Tribunal 1 set of curtains and labour
Conservatory carpet replacement excess Replacement bathroom mirror Methamphetamine cleaning excess	$650.00	Conservatory carpet replacement excess Replacement bathroom mirror Methamphetamine cleaning excess
0.00 0.00 Filing fee reimbursement	$27.00	0.00 0.00 Filing fee reimbursement
Net award	$5,209.63
Total payable by Tenant to Landlord	$5,209.63

Claims and awards in Tenancy Tribunal application 5187031 — net $5,209.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

The parties agreed to the following arrears and compensation Rent arrears to termination

$2,171.43

The parties agreed to the following arrears and compensation Rent arrears to termination

Master Bedroom walls/ceiling repair

$1,950.00

Master Bedroom walls/ceiling repair

Two windows repaired

$673.35

Two windows repaired

Door replacement

$60.00

Door replacement

Ensuite and towel rail repair

$680.00

Ensuite and towel rail repair

Power socket repair

$90.85

Power socket repair

Carpet replacement - 2 bedrooms - excesses

$1,300.00

Carpet replacement - 2 bedrooms - excesses

Compensation determined by the Tribunal 1 set of curtains and labour

$180.00

Compensation determined by the Tribunal 1 set of curtains and labour

Conservatory carpet replacement excess Replacement bathroom mirror Methamphetamine cleaning excess

$650.00

Conservatory carpet replacement excess Replacement bathroom mirror Methamphetamine cleaning excess

0.00 0.00 Filing fee reimbursement

$27.00

0.00 0.00 Filing fee reimbursement

Net award

$5,209.63

Total payable by Tenant to Landlord

$5,209.63

Order

Bailey Miria Binns must pay Steadfast Property Management Limited $5,209.63 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,573.00 (6241694-011) to Steadfast Property Management Limited immediately. DescriptionLandlord The parties agreed to the following arrears and compensation Rent arrears to termination$2,171.43 Master Bedroom walls/ceiling repair$1,950.00 Two windows repaired$673.35 Door replacement$60.00 Ensuite and towel rail repair$680.00 Power socket repair$90.85 Carpet replacement - 2 bedrooms - excesses$1,300.00 Compensation determined by the Tribunal 1 set of curtains and labour$180.00 Conservatory carpet replacement excess Replacement bathroom mirror Methamphetamine cleaning excess. $650.00

00 Filing fee reimbursement$27.00 Total award$7,782.63 Less Bond$2,573.00 Total payable by Tenant to Landlord$5,209.63

Reasons

Both parties attended the hearing.

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

How much is owed for rent?

The landlord provided a rent record which proves $2,171.43 was owing at the end of the tenancy. The tenant agreed to the amount of arrears.

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.

Regarding the curtains (chattels), I am satisfied that the landlord needed to replace one set of curtains and a small amount of hanging time for the landlord is required. I have assessed compensation to be $180.00 for the curtain replacement.

The property did not need to be cleaned due to methamphetamine. The level of methamphetamine residue did not exceed 15ug/100mg 2 . The claim regarding compensation for methamphetamine cleaning was raised and dismissed in a previous application by the landlord. (TT App 5132308)

Is the tenant responsible for the damage to the premises?

As stated in the table above, the parties reached agreement about most items of damage being claimed.

The reasons for the orders regarding the conservatory carpet and bathroom mirror are as follows.

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.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) RTA.

Regarding the carpet in the conservatory, the tenant claimed that the carpet could be cleaned. The insurer determined that because of the type of stains, the remedy was replacement. I am satisfied that it is unlikely that the insurer would pay out for replacement carpet if it could be cleaned. The tenant had opportunity to clean the carpet, if it could be cleaned, before the tenancy ended. I have therefore allowed the compensation of the amount of the excess for the carpet replacement.

Regarding the bathroom mirror, the tenant stated that the mirror was cracked at the start of the tenancy. The condition report at the start of the tenancy does not support the tenant’s position. I find that that the crack more likely occurred during the tenancy. However the damage does not appear to be the result of careless damage. The damage is at a corner of the mirror. The mirror attached to the wall by screws at each corner. The damage is consistent with movement in the wall such as with an earthquake, or pressure from cleaning if the mirror is not installed onto a completely flat surface. There is sufficient doubt regarding the cause of the crack that the claim must be dismissed. Filing Fee

Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.

Claims and awards in Tenancy Tribunal application 5187031 — net $5,209.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
The parties agreed to the following arrears and compensation Rent arrears to termination	$2,171.43	The parties agreed to the following arrears and compensation Rent arrears to termination
Master Bedroom walls/ceiling repair	$1,950.00	Master Bedroom walls/ceiling repair
Two windows repaired	$673.35	Two windows repaired
Door replacement	$60.00	Door replacement
Ensuite and towel rail repair	$680.00	Ensuite and towel rail repair
Power socket repair	$90.85	Power socket repair
Carpet replacement - 2 bedrooms - excesses	$1,300.00	Carpet replacement - 2 bedrooms - excesses
Compensation determined by the Tribunal 1 set of curtains and labour	$180.00	Compensation determined by the Tribunal 1 set of curtains and labour
Conservatory carpet replacement excess Replacement bathroom mirror Methamphetamine cleaning excess	$650.00	Conservatory carpet replacement excess Replacement bathroom mirror Methamphetamine cleaning excess
0.00 0.00 Filing fee reimbursement	$27.00	0.00 0.00 Filing fee reimbursement
Net award	$5,209.63
Total payable by Tenant to Landlord	$5,209.63

Claims and awards in Tenancy Tribunal application 5187031 — net $5,209.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

The parties agreed to the following arrears and compensation Rent arrears to termination

$2,171.43

The parties agreed to the following arrears and compensation Rent arrears to termination

Master Bedroom walls/ceiling repair

$1,950.00

Master Bedroom walls/ceiling repair

Two windows repaired

$673.35

Two windows repaired

Door replacement

$60.00

Door replacement

Ensuite and towel rail repair

$680.00

Ensuite and towel rail repair

Power socket repair

$90.85

Power socket repair

Carpet replacement - 2 bedrooms - excesses

$1,300.00

Carpet replacement - 2 bedrooms - excesses

Compensation determined by the Tribunal 1 set of curtains and labour

$180.00

Compensation determined by the Tribunal 1 set of curtains and labour

Conservatory carpet replacement excess Replacement bathroom mirror Methamphetamine cleaning excess

$650.00

Conservatory carpet replacement excess Replacement bathroom mirror Methamphetamine cleaning excess

0.00 0.00 Filing fee reimbursement

$27.00

0.00 0.00 Filing fee reimbursement

Net award

$5,209.63

Total payable by Tenant to Landlord

$5,209.63

Order

Bailey Miria Binns must pay Steadfast Property Management Limited $5,209.63 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,573.00 (6241694-011) to Steadfast Property Management Limited immediately. DescriptionLandlord The parties agreed to the following arrears and compensation Rent arrears to termination$2,171.43 Master Bedroom walls/ceiling repair$1,950.00 Two windows repaired$673.35 Door replacement$60.00 Ensuite and towel rail repair$680.00 Power socket repair$90.85 Carpet replacement - 2 bedrooms - excesses$1,300.00 Compensation determined by the Tribunal 1 set of curtains and labour$180.00 Conservatory carpet replacement excess Replacement bathroom mirror Methamphetamine cleaning excess. $650.00
00
00 Filing fee reimbursement$27.00 Total award$7,782.63 Less Bond$2,573.00 Total payable by Tenant to Landlord$5,209.63

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord provided a rent record which proves $2,171.43 was owing at the end of the tenancy. The tenant agreed to the amount of arrears.

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.
Regarding the curtains (chattels), I am satisfied that the landlord needed to replace one set of curtains and a small amount of hanging time for the landlord is required. I have assessed compensation to be $180.00 for the curtain replacement.
The property did not need to be cleaned due to methamphetamine. The level of methamphetamine residue did not exceed 15ug/100mg 2 . The claim regarding compensation for methamphetamine cleaning was raised and dismissed in a previous application by the landlord. (TT App 5132308)

Is the tenant responsible for the damage to the premises?

As stated in the table above, the parties reached agreement about most items of damage being claimed.
The reasons for the orders regarding the conservatory carpet and bathroom mirror are as follows.
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.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income- related rent). See section 49B(3)(a) RTA.
Regarding the carpet in the conservatory, the tenant claimed that the carpet could be cleaned. The insurer determined that because of the type of stains, the remedy was replacement. I am satisfied that it is unlikely that the insurer would pay out for replacement carpet if it could be cleaned. The tenant had opportunity to clean the carpet, if it could be cleaned, before the tenancy ended. I have therefore allowed the compensation of the amount of the excess for the carpet replacement.
Regarding the bathroom mirror, the tenant stated that the mirror was cracked at the start of the tenancy. The condition report at the start of the tenancy does not support the tenant’s position. I find that that the crack more likely occurred during the tenancy. However the damage does not appear to be the result of careless damage. The damage is at a corner of the mirror. The mirror attached to the wall by screws at each corner. The damage is consistent with movement in the wall such as with an earthquake, or pressure from cleaning if the mirror is not installed onto a completely flat surface. There is sufficient doubt regarding the cause of the crack that the claim must be dismissed. Filing Fee
Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.

Tenancy Tribunal case 5187031 — Property damage at 694 Whitemans Valley Road, Whitemans Valley, RD 1,

At a glance

Tenancy Tribunal case 5187031 — Property damage at 694 Whitemans Valley Road, Whitemans Valley, RD 1,

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