What was Tenancy Tribunal case 4672589 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay Lodge City

How much money was awarded in case 4672589?

Cleaning: $362.25 awarded to landlord; Compensation: Carpet: $200.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Up To 3/08/2023: $820.00 awarded to landlord

What type of tenancy dispute was case 4672589?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4672589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9560610-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4672589 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay Lodge City

How much money was awarded in case 4672589?

Cleaning: $362.25 awarded to landlord; Compensation: Carpet: $200.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Up To 3/08/2023: $820.00 awarded to landlord

What type of tenancy dispute was case 4672589?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4672589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9560610-Tenancy_Tribunal_Order.pdf.

91B Ōhaupō Road, Melville, Hamilton 3206 Tenancy Tribunal Case 4672589 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4672589 — net $1,403.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent up to 3/08/2023	$820.00	Rent up to 3/08/2023
Cleaning: and rubbish	$362.25	Cleaning: and rubbish
Compensation: carpet	$200.75	carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,403.44
Bond	$1,640.00
Total payable by Tenant to Landlord	$1,403.44

[The tenant/s] and [The tenant/s] to pay Lodge City Rentals Limited $1,403.44 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,640.00 (5660514-013) immediately apportioned as follows: Lodge City Rentals Limited: $1,403.44 [The tenant/s] and [The tenant/s]: $236.56

Reasons

A representative for the landlord attended the hearing today. The tenants were not present and have not contacted the Tribunal. I continued in their absence as the file shows they have been notified of the hearing.

The landlord has applied for payment of rent owing and for compensation for other costs following the end of the tenancy.

The tenancy ended on 3 August 2023 after the tenants gave notice to end the tenancy. The landlord provided rent records which prove the amount owing at the end of the tenancy as $820.00.

A tenant must leave premises reasonably clean and tidy and remove all rubbish; see section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord did incur cost of $362.25 to have cleaning done and to remove rubbish left in black bags that could not be collected by the council and some items from the outdoor shed. The photographs taken on 1 August 2023 (after the tenants had moved out) satisfy me that the claim is reasonable, and I award it.

The landlord also seeks compensation related to the carpet. After considering the evidence, my decisions are:- a. The carpet was about 8 years old at the end of this tenancy, b. The Inland Revenue Department depreciation schedule for tenancy chattels (2019) specifies a useful life of 8 years for nylon carpet so the carpet was at the end of its economic life, c. The pre-tenancy inspection report includes notes and photographs recording existing stains and damage to the carpet, d. The exit inspection report and photos satisfy me that there were new stains and marks that occurred during this tenancy.

The landlord has decided to install new carpet. The total cost to remove and dispose of the old carpet and to supply and install the new carpet is $2,412.82. The replacement cost of the new carpet alone is $1,003.38 ($872.25+GST).

The age and condition of the carpet at the start of this tenancy means that, arguably, the new stains did not cause the landlord any loss because it was due for replacement anyway.

That said, I do consider it fair and reasonable to award a small amount of compensation to recognise that the carpet was left in worse condition after the tenancy ended.

I assess fair compensation as 20% of the cost of the supply of the new carpet which is $200.75. This is probably about the same as what it would have cost to have the carpets professionally cleaned which may have removed some or all the new stains. I do not award any of the cost of removal or installation because these are costs the landlord would have incurred as part of scheduled carpet replacement in the near future.

Lodge City Rentals Limited has substantially succeeded with the claim so I also award the filing fee.

The bond is to be refunded as per the order.

No suppression orders apply.

Claims and awards in Tenancy Tribunal application 4672589 — net $1,403.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent up to 3/08/2023	$820.00	Rent up to 3/08/2023
Cleaning: and rubbish	$362.25	Cleaning: and rubbish
Compensation: carpet	$200.75	carpet
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,403.44
Bond	$1,640.00
Total payable by Tenant to Landlord	$1,403.44

Order

[The tenant/s] and [The tenant/s] to pay Lodge City Rentals Limited $1,403.44 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,640.00 (5660514-013) immediately apportioned as follows: Lodge City Rentals Limited: $1,403.44 [The tenant/s] and [The tenant/s]: $236.56

Reasons

A representative for the landlord attended the hearing today. The tenants were not present and have not contacted the Tribunal. I continued in their absence as the file shows they have been notified of the hearing.
The landlord has applied for payment of rent owing and for compensation for other costs following the end of the tenancy.
The tenancy ended on 3 August 2023 after the tenants gave notice to end the tenancy. The landlord provided rent records which prove the amount owing at the end of the tenancy as $820.00.
A tenant must leave premises reasonably clean and tidy and remove all rubbish; see section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord did incur cost of $362.25 to have cleaning done and to remove rubbish left in black bags that could not be collected by the council and some items from the outdoor shed. The photographs taken on 1 August 2023 (after the tenants had moved out) satisfy me that the claim is reasonable, and I award it.
The landlord also seeks compensation related to the carpet. After considering the evidence, my decisions are:- a. The carpet was about 8 years old at the end of this tenancy, b. The Inland Revenue Department depreciation schedule for tenancy chattels (2019) specifies a useful life of 8 years for nylon carpet so the carpet was at the end of its economic life, c. The pre-tenancy inspection report includes notes and photographs recording existing stains and damage to the carpet, d. The exit inspection report and photos satisfy me that there were new stains and marks that occurred during this tenancy.
The landlord has decided to install new carpet. The total cost to remove and dispose of the old carpet and to supply and install the new carpet is $2,412.82. The replacement cost of the new carpet alone is $1,003.38 ($872.25+GST).
The age and condition of the carpet at the start of this tenancy means that, arguably, the new stains did not cause the landlord any loss because it was due for replacement anyway.
That said, I do consider it fair and reasonable to award a small amount of compensation to recognise that the carpet was left in worse condition after the tenancy ended.
I assess fair compensation as 20% of the cost of the supply of the new carpet which is $200.75. This is probably about the same as what it would have cost to have the carpets professionally cleaned which may have removed some or all the new stains. I do not award any of the cost of removal or installation because these are costs the landlord would have incurred as part of scheduled carpet replacement in the near future.
Lodge City Rentals Limited has substantially succeeded with the claim so I also award the filing fee.
The bond is to be refunded as per the order.
No suppression orders apply.

Tenancy Tribunal case 4672589 — Cleanliness at 91B Ōhaupō Road, Melville, Hamilton 3206

At a glance

Tenancy Tribunal case 4672589 — Cleanliness at 91B Ōhaupō Road, Melville, Hamilton 3206

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