What was the outcome of Tenancy Tribunal case 5358202?

The tribunal order states: Te Rana Porter to pay Rentals.Co.Nz Limited As Agent For Graham Cate As

How much money was awarded in case 5358202?

Cleaning: $50.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $8.00 awarded to landlord; Property Damage: $56.53 awarded to landlord

What type of tenancy dispute was case 5358202?

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

Where can I read the official tribunal order for case 5358202?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13285660-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5358202?

The tribunal order states: Te Rana Porter to pay Rentals.Co.Nz Limited As Agent For Graham Cate As

How much money was awarded in case 5358202?

Cleaning: $50.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $8.00 awarded to landlord; Property Damage: $56.53 awarded to landlord

What type of tenancy dispute was case 5358202?

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

Where can I read the official tribunal order for case 5358202?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13285660-Tenancy_Tribunal_Order.pdf.

124 Beach Road, Onerahi, Whangarei 0110 Tenancy Tribunal Case 5358202 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5358202 — net $142.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Drawer repair by consent	$56.53	Drawer repair by consent
Lock/key replacement: by consent	$8.00	Lock/key replacement: by consent
Filing fee reimbursement	$28.00	Filing fee reimbursement
Cleaning	$50.00	Cleaning
Net award	$142.53
Bond	$301.74
Total payable by Tenant to Landlord	$142.53

Te Rana Porter to pay Rentals.Co.Nz Limited As Agent For Graham Cate As Trustee Of The Catewood Family Trust $142.53 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $301.74 (3725054-003) immediately apportioned as follows: Rentals.Co.Nz Limited As Agent For Graham Cate As Trustee Of The Catewood Family Trust: $142.53 Te Rana Porter: $159.21

All other claims are dismissed.

Reasons

Both parties attended the hearing. The tenant had a support person.

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

The parties agreed that most of the bond was refunded by consent after the end of the tenancy.

Did the tenant comply with her obligations at the end of the tenancy?

Tenants must return the premises in a reasonably clean and tidy state and return all keys. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

This is the landlord’s claim to prove. The tenant said she and a number of helpers cleaned at the end of the tenancy. I have been provided with a photo showing me the stairwell which I find could have been cleaned better. I allow $50 for the cleaning which seems reasonable to me.

The tenant agreed that she did not return the laundry key. The amount ordered seems reasonable to me.

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.

There is a claim for repairs to a wall. The tenant agreed the damage happened during the tenancy. She said an elbow went through the wall and she was surprised that the cost of repairing and painting the wall was over $1000. The landlord has to prove the repair cost was reasonable. I was not provided with a photo of the damage so I could not make an assessment. This claim is dismissed.

There is a claim for a replacement vanity. The landlord provided photos showing very fine circular cracks inside the basin. The landlord said the cracks did not leak and the basin was still functional. I find the landlord has not proved the damage was more than fair wear and tear. This claim is dismissed.

The tenant agreed to the claim for the drawer repair. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The tenant’s name will be published because there is public interest when tenants pay money from the bond at the end of a tenancy. Sees section 95A RTA.

A request has been sent to the Bond Centre.

Claims and awards in Tenancy Tribunal application 5358202 — net $142.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Drawer repair by consent	$56.53	Drawer repair by consent
Lock/key replacement: by consent	$8.00	Lock/key replacement: by consent
Filing fee reimbursement	$28.00	Filing fee reimbursement
Cleaning	$50.00	Cleaning
Net award	$142.53
Bond	$301.74
Total payable by Tenant to Landlord	$142.53

Order

Te Rana Porter to pay Rentals.Co.Nz Limited As Agent For Graham Cate As Trustee Of The Catewood Family Trust $142.53 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $301.74 (3725054-003) immediately apportioned as follows: Rentals.Co.Nz Limited As Agent For Graham Cate As Trustee Of The Catewood Family Trust: $142.53 Te Rana Porter: $159.21
All other claims are dismissed.

Reasons

Both parties attended the hearing. The tenant had a support person.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The parties agreed that most of the bond was refunded by consent after the end of the tenancy.

Did the tenant comply with her obligations at the end of the tenancy?

Tenants must return the premises in a reasonably clean and tidy state and return all keys. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
This is the landlord’s claim to prove. The tenant said she and a number of helpers cleaned at the end of the tenancy. I have been provided with a photo showing me the stairwell which I find could have been cleaned better. I allow $50 for the cleaning which seems reasonable to me.
The tenant agreed that she did not return the laundry key. The amount ordered seems reasonable to me.

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.
There is a claim for repairs to a wall. The tenant agreed the damage happened during the tenancy. She said an elbow went through the wall and she was surprised that the cost of repairing and painting the wall was over $1000. The landlord has to prove the repair cost was reasonable. I was not provided with a photo of the damage so I could not make an assessment. This claim is dismissed.
There is a claim for a replacement vanity. The landlord provided photos showing very fine circular cracks inside the basin. The landlord said the cracks did not leak and the basin was still functional. I find the landlord has not proved the damage was more than fair wear and tear. This claim is dismissed.
The tenant agreed to the claim for the drawer repair. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The tenant’s name will be published because there is public interest when tenants pay money from the bond at the end of a tenancy. Sees section 95A RTA.
A request has been sent to the Bond Centre.

Tenancy Tribunal case 5358202 — Property damage at 124 Beach Road, Onerahi, Whangarei 0110

At a glance

Tenancy Tribunal case 5358202 — Property damage at 124 Beach Road, Onerahi, Whangarei 0110

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Did the tenant comply with her 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

Dismissed claims

Order

Reasons

Did the tenant comply with her 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