What was the outcome of Tenancy Tribunal case 4677090?

The tribunal order states: Georgia Mei Stevens and Ajah Marie Cropley must pay Inspire Property

How much money was awarded in case 4677090?

Cleaning: $100.00 awarded to landlord; Early Termination Fees: $530.20 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4677090?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4677090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9775948-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4677090?

The tribunal order states: Georgia Mei Stevens and Ajah Marie Cropley must pay Inspire Property

How much money was awarded in case 4677090?

Cleaning: $100.00 awarded to landlord; Early Termination Fees: $530.20 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4677090?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4677090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9775948-Tribunal_Order.pdf.

Unit/Flat 2, 246 Stanmore Road, Richmond, Christchurch Tenancy Tribunal Case 4677090 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4677090 — net $650.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$100.00	Cleaning
Early Termination Fees	$530.20	Early Termination Fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$650.64
Total payable by Tenant to Landlord	$650.64

Georgia Mei Stevens and Ajah Marie Cropley must pay Inspire Property Management Limited As Agent For Yvette And James Cundy $650.64 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$100.00 Early Termination Fees$530.20 Filing fee reimbursement$20.44 Total award$650.64 Total payable by Tenant to Landlord$650.64

Reasons

Both parties attended the hearing today. This was a rehearing of landlord claims in relation to cleaning costs and early termination fees only.

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

The rent arrears and some compensation claims have been resolved before this hearing.

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 (RTA).

The landlord claims tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord claimed $100 for general cleaning and $140 for cleaning mould from the bathroom ceiling.

The claim for general cleaning was proved by reference to paragraphs ad a invoice. The oven in particular needed to be cleaned at the end of the tenancy and ed of tenancy photographs show general dust and grime. I award the $100 for general cleaning.

The landlord did not establish the claim for mould cleaning in the bathroom. The tenants had issues with mould throughout the tenancy. The bathroom ceiling is stippled and difficult to clean. The invoice provided in support of the claim for cleaning the ceiling referred to painting and there was no breakdown other than what the landlord said the painter told her he did in the bathroom. The landlord has the onus of proof and did not establish either a breach of the tenant’s obligations or the cost of cleaning. This aspect of the claim is dismissed. Early Termination Fees

The tenancy was for a fixed term but, for a range of reasons, the tenants wished to terminate before the end of the fixed term. The landlord agreed to that because rent was in arrears.

The landlord has claimed early termination fees of $933.45.

A landlord who consents to early termination of a fixed term tenancy may recover from the tenant any expenses reasonably incurred by the landlord in respect of the termination. See s44A RTA.

The landlord provided an itemised breakdown of the costs claimed. The costs were presented on a standard form template and included 6 hours of “general administration”. The landlord said that those costs related to inspections, vetting prospective tenants, and completing a new tenancy agreement. However, those costs were specifically claimed and itemised earlier on the form. The landlord then said that the figures claimed were a running total of the earlier costs, they were not. There were 5 hours of unexplained “general administration” claimed by the landlord.

I am not satisfied that the landlord has completed the template form correctly or accurately. I have awarded early termination costs of $170.20 for advertising and 6 hours (at $60 per hour) for itemised attendances. The balance of the landlord’s claim is dismissed.

The tenants disputed paying any early termination costs because of issues with the property, particularly the mould. However, they did not apply to be released from the tenancy. See s66 RTA.

As the landlord was partially successful, I have awarded reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4677090 — net $650.64 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$100.00	Cleaning
Early Termination Fees	$530.20	Early Termination Fees
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$650.64
Total payable by Tenant to Landlord	$650.64

Order

Georgia Mei Stevens and Ajah Marie Cropley must pay Inspire Property Management Limited As Agent For Yvette And James Cundy $650.64 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$100.00 Early Termination Fees$530.20 Filing fee reimbursement$20.44 Total award$650.64 Total payable by Tenant to Landlord$650.64

Reasons

Both parties attended the hearing today. This was a rehearing of landlord claims in relation to cleaning costs and early termination fees only.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The rent arrears and some compensation claims have been resolved before this hearing.

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 (RTA).
The landlord claims tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord claimed $100 for general cleaning and $140 for cleaning mould from the bathroom ceiling.
The claim for general cleaning was proved by reference to paragraphs ad a invoice. The oven in particular needed to be cleaned at the end of the tenancy and ed of tenancy photographs show general dust and grime. I award the $100 for general cleaning.
The landlord did not establish the claim for mould cleaning in the bathroom. The tenants had issues with mould throughout the tenancy. The bathroom ceiling is stippled and difficult to clean. The invoice provided in support of the claim for cleaning the ceiling referred to painting and there was no breakdown other than what the landlord said the painter told her he did in the bathroom. The landlord has the onus of proof and did not establish either a breach of the tenant’s obligations or the cost of cleaning. This aspect of the claim is dismissed. Early Termination Fees
The tenancy was for a fixed term but, for a range of reasons, the tenants wished to terminate before the end of the fixed term. The landlord agreed to that because rent was in arrears.
The landlord has claimed early termination fees of $933.45.
A landlord who consents to early termination of a fixed term tenancy may recover from the tenant any expenses reasonably incurred by the landlord in respect of the termination. See s44A RTA.
The landlord provided an itemised breakdown of the costs claimed. The costs were presented on a standard form template and included 6 hours of “general administration”. The landlord said that those costs related to inspections, vetting prospective tenants, and completing a new tenancy agreement. However, those costs were specifically claimed and itemised earlier on the form. The landlord then said that the figures claimed were a running total of the earlier costs, they were not. There were 5 hours of unexplained “general administration” claimed by the landlord.
I am not satisfied that the landlord has completed the template form correctly or accurately. I have awarded early termination costs of $170.20 for advertising and 6 hours (at $60 per hour) for itemised attendances. The balance of the landlord’s claim is dismissed.
The tenants disputed paying any early termination costs because of issues with the property, particularly the mould. However, they did not apply to be released from the tenancy. See s66 RTA.
As the landlord was partially successful, I have awarded reimbursement of the filing fee.

Tenancy Tribunal case 4677090 — Cleanliness at Unit/Flat 2, 246 Stanmore Road, Richmond, Christchurch

At a glance

Tenancy Tribunal case 4677090 — Cleanliness at Unit/Flat 2, 246 Stanmore Road, Richmond, Christchurch

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