What was the outcome of Tenancy Tribunal case 4674030?

The tribunal order states: David Straker must pay Franklyn Village Limited $727.12 immediately,

How much money was awarded in case 4674030?

Cleaning: $767.35 awarded to landlord; Cleaning: $155.00 awarded to landlord; Cleaning: $31.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent (Delayed New Tenancy: $90.00 awarded to landlord; Property Damage: $30.00 awarded to landlord; Replace furnishings: Bed and base (5…: $213.33 awarded to landlord; Replace furnishings: Chair (deprecia…: $50.00 awarded to landlord; Rubbish Removal: $70.00 awarded to landlord

What type of tenancy dispute was case 4674030?

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

Where can I read the official tribunal order for case 4674030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9792674-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4674030?

The tribunal order states: David Straker must pay Franklyn Village Limited $727.12 immediately,

How much money was awarded in case 4674030?

Cleaning: $767.35 awarded to landlord; Cleaning: $155.00 awarded to landlord; Cleaning: $31.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Loss Of Rent (Delayed New Tenancy: $90.00 awarded to landlord; Property Damage: $30.00 awarded to landlord; Replace furnishings: Bed and base (5…: $213.33 awarded to landlord; Replace furnishings: Chair (deprecia…: $50.00 awarded to landlord; Rubbish Removal: $70.00 awarded to landlord

What type of tenancy dispute was case 4674030?

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

Where can I read the official tribunal order for case 4674030?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9792674-Tenancy_Tribunal_Order.pdf.

Room B227, 47 Franklyn Street, Nelson South, Nelson Tenancy Tribunal Case 4674030 — Cleanliness

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Room B227, 47 Franklyn Street, Nelson South, Nelson Tenancy Tribunal Case 4674030 — 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 4674030 — net $727.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Bed and base (50% depreciated	$213.33	Replace furnishings: Bed and base (50% depreciated
Replace furnishings: Chair (depreciated	$50.00	Replace furnishings: Chair (depreciated
Rubbish removal	$70.00	Rubbish removal
Loss of rent (delayed new tenancy	$90.00	Loss of rent (delayed new tenancy
Carpet Cleaning: Labour and replacement tiles (tiles depreciated 25	$767.35	Carpet Cleaning: Labour and replacement tiles (tiles depreciated 25
Cleaning	$155.00	Cleaning
Cleaning: Curtains	$31.00	Cleaning: Curtains
Lock/key replacement	$30.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$727.12
Total payable by Tenant to Landlord	$727.12

Claims and awards for application 4674030 — net $727.12 NZD. Verify on MoJ.

Replace furnishings: Bed and base (50% depreciated

Amount: $213.33
Awarded to: Landlord
Reason: Replace furnishings: Bed and base (50% depreciated

Replace furnishings: Chair (depreciated

Amount: $50.00
Awarded to: Landlord
Reason: Replace furnishings: Chair (depreciated

Rubbish removal

Amount: $70.00
Awarded to: Landlord
Reason: Rubbish removal

Loss of rent (delayed new tenancy

Amount: $90.00
Awarded to: Landlord
Reason: Loss of rent (delayed new tenancy

Carpet Cleaning: Labour and replacement tiles (tiles depreciated 25

Amount: $767.35
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

David Straker must pay Franklyn Village Limited $727.12 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $700.00 (6160442-018) to Franklyn Village Limited immediately.

Reasons

Both parties attended the hearing. Mr Straker was joined by teleconference.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house 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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all goods and rubbish.
The landlord provided entry and exit photos. These evidence a premises left in poor condition. Mr Straker did not recall the condition being as reflected in the evidence but in the absence of any counter evidence to refute the landlord claims I accept the costs for cleaning ($155.00), curtain cleaning ($31.00), and rubbish removal ($70.00).
The landlord also sought 3 days of rent lost as the new tenants could not move in due to the condition of the premises. Based on the evidence, this is considered reasonable and $90.00 is awarded.
The landlord claims the tenant did not return the swipe card. While Mr Straker states he left it in the room I can see no evidence of it in the photos supplied and accept the claim for $30.00.
The following chattels were damaged at the end of the tenancy: a. Bed and base: the bed and base was damaged beyond repair. The existing bed and base was approximately 2 years old. I have depreciated the new cost as claimed by 50%. This is a high depreciation rate, based on four years economic life, but this is considered reasonable given the boarding house usage. This equates to an order for $213.33. b. Carpet tile: the carpet tiles were dirty and the landlord claimed sub-tile damage from some waste that meant the floor required repreparation before the cleaned or replacement tiles could be reinserted. The costs of replacements tiles was claimed as $289.80 and labour costs of $550.00 I considered the ingoing condition of the carpet as shown in the entry photos and have applied a 25% depreciation to the carpet tile replacement cost claimed. I award the labour cost as claimed.
I have taken into account betterment and depreciation as detailed above. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Franklyn Village Limited has wholly succeeded with the claim I must reimburse 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 4674030 — net $727.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: Bed and base (50% depreciated	$213.33	Replace furnishings: Bed and base (50% depreciated
Replace furnishings: Chair (depreciated	$50.00	Replace furnishings: Chair (depreciated
Rubbish removal	$70.00	Rubbish removal
Loss of rent (delayed new tenancy	$90.00	Loss of rent (delayed new tenancy
Carpet Cleaning: Labour and replacement tiles (tiles depreciated 25	$767.35	Carpet Cleaning: Labour and replacement tiles (tiles depreciated 25
Cleaning	$155.00	Cleaning
Cleaning: Curtains	$31.00	Cleaning: Curtains
Lock/key replacement	$30.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$727.12
Total payable by Tenant to Landlord	$727.12

Claims and awards for application 4674030 — net $727.12 NZD. Verify on MoJ.

Replace furnishings: Bed and base (50% depreciated

Amount: $213.33
Awarded to: Landlord
Reason: Replace furnishings: Bed and base (50% depreciated

Replace furnishings: Chair (depreciated

Amount: $50.00
Awarded to: Landlord
Reason: Replace furnishings: Chair (depreciated

Rubbish removal

Amount: $70.00
Awarded to: Landlord
Reason: Rubbish removal

Loss of rent (delayed new tenancy

Amount: $90.00
Awarded to: Landlord
Reason: Loss of rent (delayed new tenancy

Carpet Cleaning: Labour and replacement tiles (tiles depreciated 25

Amount: $767.35
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

David Straker must pay Franklyn Village Limited $727.12 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $700.00 (6160442-018) to Franklyn Village Limited immediately.

Reasons

Both parties attended the hearing. Mr Straker was joined by teleconference.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the boarding house 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 goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all goods and rubbish.
The landlord provided entry and exit photos. These evidence a premises left in poor condition. Mr Straker did not recall the condition being as reflected in the evidence but in the absence of any counter evidence to refute the landlord claims I accept the costs for cleaning ($155.00), curtain cleaning ($31.00), and rubbish removal ($70.00).
The landlord also sought 3 days of rent lost as the new tenants could not move in due to the condition of the premises. Based on the evidence, this is considered reasonable and $90.00 is awarded.
The landlord claims the tenant did not return the swipe card. While Mr Straker states he left it in the room I can see no evidence of it in the photos supplied and accept the claim for $30.00.
The following chattels were damaged at the end of the tenancy: a. Bed and base: the bed and base was damaged beyond repair. The existing bed and base was approximately 2 years old. I have depreciated the new cost as claimed by 50%. This is a high depreciation rate, based on four years economic life, but this is considered reasonable given the boarding house usage. This equates to an order for $213.33. b. Carpet tile: the carpet tiles were dirty and the landlord claimed sub-tile damage from some waste that meant the floor required repreparation before the cleaned or replacement tiles could be reinserted. The costs of replacements tiles was claimed as $289.80 and labour costs of $550.00 I considered the ingoing condition of the carpet as shown in the entry photos and have applied a 25% depreciation to the carpet tile replacement cost claimed. I award the labour cost as claimed.
I have taken into account betterment and depreciation as detailed above. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
Because Franklyn Village Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4674030 — Cleanliness at Room B227, 47 Franklyn Street, Nelson South, Nelson

At a glance

Tenancy Tribunal case 4674030 — Cleanliness at Room B227, 47 Franklyn Street, Nelson South, Nelson

At a glance

Award balance

Claims & awards

Order

Reasons

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

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions