What was the outcome of Tenancy Tribunal case 4663550?

The tribunal order states: Daniel Broad is to pay Fraser Flynn Limited as agent for the JCR Family Trust

How much money was awarded in case 4663550?

Cleaning: $402.50 awarded to landlord; Cleaning: $57.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $40.00 awarded to landlord

What type of tenancy dispute was case 4663550?

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

Where can I read the official tribunal order for case 4663550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9431167-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4663550?

The tribunal order states: Daniel Broad is to pay Fraser Flynn Limited as agent for the JCR Family Trust

How much money was awarded in case 4663550?

Cleaning: $402.50 awarded to landlord; Cleaning: $57.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $40.00 awarded to landlord

What type of tenancy dispute was case 4663550?

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

Where can I read the official tribunal order for case 4663550?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9431167-Tenancy_Tribunal_Order.pdf.

14 Tabart Street, Woolston, Christchurch 8023 Tenancy Tribunal Case 4663550 — Cleanliness

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14 Tabart Street, Woolston, Christchurch 8023 Tenancy Tribunal Case 4663550 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4663550 — net $520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning: Pet urine stains on bedroom carpet	$402.50	Carpet Cleaning: Pet urine stains on bedroom carpet
Cleaning: Freezer, dishwasher front and laundry countertop	$57.50	Cleaning: Freezer, dishwasher front and laundry countertop
Replace damaged bathroom mirror	$40.00	Replace damaged bathroom mirror
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$520.44
Bond	$567.50
Total payable by Tenant to Landlord	$520.44

Claims and awards for application 4663550 — net $520.44 NZD. Verify on MoJ.

Carpet Cleaning: Pet urine stains on bedroom carpet

Amount: $402.50
Awarded to: Landlord
Reason: Carpet Cleaning: Pet urine stains on bedroom carpet

Cleaning: Freezer, dishwasher front and laundry countertop

Amount: $57.50
Awarded to: Landlord
Reason: Cleaning: Freezer, dishwasher front and laundry countertop

Replace damaged bathroom mirror

Amount: $40.00
Awarded to: Landlord
Reason: Replace damaged bathroom mirror

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $520.44

Bond

Landlord $567.50

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

Daniel Broad is to pay Fraser Flynn Limited as agent for the JCR Family Trust $520.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $567.50 (5299118-002) immediately apportioned as follows: Fraser Flynn Limited as agent for the JCR Family Trust: $520.44 Daniel Broad: $47.06

Reasons

Both parties attended the hearing with Mr Ternus attending on behalf of the landlord.
The landlord has applied for compensation, refund of the remaining 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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy in all respects.
Cleaning of the freezer, dishwasher front and laundry countertop had been overlooked by the tenant.
Other items claimed by the landlord, being dust on the wooden bedroom floor and some kitchen cupboards or shelves not adequately wiped down, were either not proven to have occurred during the tenancy or were found to be reasonably clean and tidy.
The landlord claimed for two hours cleaning and I have awarded one hour (plus GST), being $57.50, as this is sufficient for all claims proved.
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 under sections 40(2)(a), 41 and 49B of the RTA.
The following damage was caused during the tenancy: pet urine staining in one carpeted bedroom which had to be professionally treated and, damage to a bathroom mirror which will have to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided evidence that the tenant had a kitten in the bedroom in question. The report and invoice from the carpet cleaning company confirmed that pet urine was present on the bedroom carpet and the cost of the treatment was $402.50 as claimed by the landlord.
The landlord provided evidence that the bathroom mirror was damaged during the tenancy. The tenant accepted this.
The landlord claimed $50 for a replacement bathroom mirror but provided no evidence as to the replacement cost.
The tenant gave evidence that suitable replacement mirrors are available on Trade Me for between $10 and $35.
Due to the size and style of the damaged mirror I am awarding the higher end of this range and adding a small allowance for shipping as representing the reasonable cost of a replacement mirror.
The amounts ordered are proved.
As Fraser Flynn Limited as agent for the JCR Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4663550 — net $520.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning: Pet urine stains on bedroom carpet	$402.50	Carpet Cleaning: Pet urine stains on bedroom carpet
Cleaning: Freezer, dishwasher front and laundry countertop	$57.50	Cleaning: Freezer, dishwasher front and laundry countertop
Replace damaged bathroom mirror	$40.00	Replace damaged bathroom mirror
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$520.44
Bond	$567.50
Total payable by Tenant to Landlord	$520.44

Claims and awards for application 4663550 — net $520.44 NZD. Verify on MoJ.

Carpet Cleaning: Pet urine stains on bedroom carpet

Amount: $402.50
Awarded to: Landlord
Reason: Carpet Cleaning: Pet urine stains on bedroom carpet

Cleaning: Freezer, dishwasher front and laundry countertop

Amount: $57.50
Awarded to: Landlord
Reason: Cleaning: Freezer, dishwasher front and laundry countertop

Replace damaged bathroom mirror

Amount: $40.00
Awarded to: Landlord
Reason: Replace damaged bathroom mirror

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $520.44

Bond

Landlord $567.50

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage

Order

Daniel Broad is to pay Fraser Flynn Limited as agent for the JCR Family Trust $520.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $567.50 (5299118-002) immediately apportioned as follows: Fraser Flynn Limited as agent for the JCR Family Trust: $520.44 Daniel Broad: $47.06

Reasons

Both parties attended the hearing with Mr Ternus attending on behalf of the landlord.
The landlord has applied for compensation, refund of the remaining 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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy in all respects.
Cleaning of the freezer, dishwasher front and laundry countertop had been overlooked by the tenant.
Other items claimed by the landlord, being dust on the wooden bedroom floor and some kitchen cupboards or shelves not adequately wiped down, were either not proven to have occurred during the tenancy or were found to be reasonably clean and tidy.
The landlord claimed for two hours cleaning and I have awarded one hour (plus GST), being $57.50, as this is sufficient for all claims proved.
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 under sections 40(2)(a), 41 and 49B of the RTA.
The following damage was caused during the tenancy: pet urine staining in one carpeted bedroom which had to be professionally treated and, damage to a bathroom mirror which will have to be replaced.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The landlord provided evidence that the tenant had a kitten in the bedroom in question. The report and invoice from the carpet cleaning company confirmed that pet urine was present on the bedroom carpet and the cost of the treatment was $402.50 as claimed by the landlord.
The landlord provided evidence that the bathroom mirror was damaged during the tenancy. The tenant accepted this.
The landlord claimed $50 for a replacement bathroom mirror but provided no evidence as to the replacement cost.
The tenant gave evidence that suitable replacement mirrors are available on Trade Me for between $10 and $35.
Due to the size and style of the damaged mirror I am awarding the higher end of this range and adding a small allowance for shipping as representing the reasonable cost of a replacement mirror.
The amounts ordered are proved.
As Fraser Flynn Limited as agent for the JCR Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4663550 — Cleanliness at 14 Tabart Street, Woolston, Christchurch 8023

At a glance

Tenancy Tribunal case 4663550 — Cleanliness at 14 Tabart Street, Woolston, Christchurch 8023

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