What was the outcome of Tenancy Tribunal case 5431292?

The tribunal order states: Romel Descalzo Cuaresma and Emelyn Laoang Cuaresma to pay Team Group

How much money was awarded in case 5431292?

Cleaning: $185.00 awarded to landlord; Cleaning: $75.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,767.00 awarded to landlord

What type of tenancy dispute was case 5431292?

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

Where can I read the official tribunal order for case 5431292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13531160-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5431292?

The tribunal order states: Romel Descalzo Cuaresma and Emelyn Laoang Cuaresma to pay Team Group

How much money was awarded in case 5431292?

Cleaning: $185.00 awarded to landlord; Cleaning: $75.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $1,767.00 awarded to landlord

What type of tenancy dispute was case 5431292?

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

Where can I read the official tribunal order for case 5431292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13531160-Tenancy_Tribunal_Order.pdf.

7 Koreke Close, Kenepuru, Porirua 5022 Tenancy Tribunal Case 5431292 — Property damage

Order

Claims and awards in Tenancy Tribunal application 5431292 — net $2,055.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs and painting	$1,767.00	Repairs and painting
Carpet Cleaning	$185.00	Carpet Cleaning
Driveway cleaning	$75.00	Driveway cleaning
Filing fee reimbursement: f	$28.00	f
Net award	$2,055.00
Bond	$3,260.00
Total payable by Tenant to Landlord	$2,055.00

Romel Descalzo Cuaresma and Emelyn Laoang Cuaresma to pay Team Group Rentals Limited As Agent For Dean Skipper Geoff Miller $2,055.00 from the bond.

The Bond Centre is to pay the bond of $3,260.00 (BN-10088671) immediately apportioned as follows: Team Group Rentals Limited As Agent For Dean Skipper Geoff Miller: $2,055.00 Romel Descalzo Cuaresma and Emelyn Laoang Cuaresma: $1,205.00

The amount to pay is calculated as follows

Reasons

Both parties attended the hearing.

The landlord has applied for compensation from the bond 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 landlord has provided photos and invoices for cleaning. The only areas that needed cleaning were some carpet stains and oil on the patio. The landlord provided invoices for the work to restore those areas. The tenants do not dispute that those areas needed cleaning. They did not notice the carpet stains and had attempted to clean the oil from the patio.

Tenants do not have a legal right to return to do further cleaning after they vacate a property. Cleaning and damage repair have to be carried out by tenants before they leave the tenancy. There is no obligation set out in the Residential Tenancies Act 1986 for a landlord to have to allow a tenant back into the property to carry out further cleaning and repairs.

The evidence proves that cleaning was necessary. 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. 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 has provided photos ap walls and woodwork areas that have minor damage.

The tenancy began in September 2023 and ended after about 2 years and 3 months. The property was brand new when the tenancy began. There will be some signs of wear and tear where there is a tenancy of that duration. I have therefore assessed whether the damage claimed is more than fair wear and tear.

I am satisfied that a significant amount of the damage evidenced from the photos is more than fair wear and tear.

The cost to carry out remedial work was $2,945.43. The landlord has discounted that amount by 40% to allow for fair wear and tear. The claim is for $1,767.00. I am satisfied that the deduction of 40% is reasonable and covers both fair wear and tear and betterment.

The claim for dishwasher damage was withdrawn by the landlord when the hearing began. Filing fee

Because the landlord has been successful with the claim the filing fee of $28.00 is ordered to be paid by the tenants. Suppression

The tenants have applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

The tenants have not substantially succeeded with the claim and therefore name suppression is not granted.

Claims and awards in Tenancy Tribunal application 5431292 — net $2,055.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Repairs and painting	$1,767.00	Repairs and painting
Carpet Cleaning	$185.00	Carpet Cleaning
Driveway cleaning	$75.00	Driveway cleaning
Filing fee reimbursement: f	$28.00	f
Net award	$2,055.00
Bond	$3,260.00
Total payable by Tenant to Landlord	$2,055.00

Order

Romel Descalzo Cuaresma and Emelyn Laoang Cuaresma to pay Team Group Rentals Limited As Agent For Dean Skipper Geoff Miller $2,055.00 from the bond.
The Bond Centre is to pay the bond of $3,260.00 (BN-10088671) immediately apportioned as follows: Team Group Rentals Limited As Agent For Dean Skipper Geoff Miller: $2,055.00 Romel Descalzo Cuaresma and Emelyn Laoang Cuaresma: $1,205.00
The amount to pay is calculated as follows

Reasons

Both parties attended the hearing.
The landlord has applied for compensation from the bond 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 landlord has provided photos and invoices for cleaning. The only areas that needed cleaning were some carpet stains and oil on the patio. The landlord provided invoices for the work to restore those areas. The tenants do not dispute that those areas needed cleaning. They did not notice the carpet stains and had attempted to clean the oil from the patio.
Tenants do not have a legal right to return to do further cleaning after they vacate a property. Cleaning and damage repair have to be carried out by tenants before they leave the tenancy. There is no obligation set out in the Residential Tenancies Act 1986 for a landlord to have to allow a tenant back into the property to carry out further cleaning and repairs.
The evidence proves that cleaning was necessary. 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. 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 has provided photos ap walls and woodwork areas that have minor damage.
The tenancy began in September 2023 and ended after about 2 years and 3 months. The property was brand new when the tenancy began. There will be some signs of wear and tear where there is a tenancy of that duration. I have therefore assessed whether the damage claimed is more than fair wear and tear.
I am satisfied that a significant amount of the damage evidenced from the photos is more than fair wear and tear.
The cost to carry out remedial work was $2,945.43. The landlord has discounted that amount by 40% to allow for fair wear and tear. The claim is for $1,767.00. I am satisfied that the deduction of 40% is reasonable and covers both fair wear and tear and betterment.
The claim for dishwasher damage was withdrawn by the landlord when the hearing began. Filing fee
Because the landlord has been successful with the claim the filing fee of $28.00 is ordered to be paid by the tenants. Suppression
The tenants have applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The tenants have not substantially succeeded with the claim and therefore name suppression is not granted.

Tenancy Tribunal case 5431292 — Property damage at 7 Koreke Close, Kenepuru, Porirua 5022

At a glance

Tenancy Tribunal case 5431292 — Property damage at 7 Koreke Close, Kenepuru, Porirua 5022

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