How much money was awarded in case 4785677?

Cleaning: $149.50 awarded to landlord; Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4785677?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4785677?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10502962-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4785677?

Cleaning: $149.50 awarded to landlord; Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4785677?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4785677?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10502962-Tenancy_Tribunal_Order.pdf.

18 Longmuir Street, Ilam, Christchurch 8041 Tenancy Tribunal Case 4785677 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4785677?

The tribunal order states: Ben Myers, Lucy Nie, Molly Whittaker, Olivia Murphy and Sebastian Lemberg to

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Order

Claims and awards in Tenancy Tribunal application 4785677 — net $519.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$149.50	Carpet Cleaning
Cleaning	$350.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$519.94
Bond	$2,720.00
Total payable by Tenant to Landlord	$519.94

Ben Myers, Lucy Nie, Molly Whittaker, Olivia Murphy and Sebastian Lemberg to pay Martyn Lemberg $519.94 from the bond, calculated as shown in table below. DescriptionLandlord Carpet Cleaning$149.50 Cleaning$350.00 Filing fee reimbursement$20.44 Total award$519.94

The Bond Centre is to pay the bond of $2,720.00 (5954155-006) immediately apportioned as follows: Martyn Lemberg: $519.94 Ben Myers, Lucy Nie, Molly Whittaker, Olivia Murphy and Sebestian Lemberg: $2,200.06

Reasons

Both parties attended the hearing. Ms Nie and Mr Myers attended in person for the tenants. The landlord and Mr Sebastian Lemberg attended by way of teleconference.

The landlord applied for costs to clean the premises, including the carpets at the end of the tenancy. The tenants filed two cross applications, both were for payment of the bond.

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

I am satisfied that the landlord has established that the premises, including the carpets, were not left reasonably clean at the end of the tenancy as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986. I find particular support in my finding from the photographs provided by the landlord of the carpets and other areas of the premises.

Ms Nie and Mr Myers claim that they left the premises in the same condition as it was at the start of the tenancy. However, they did not provide evidence to support their claim and the pre tenancy inspection report does not mention any issues with the premises not being reasonably clean. There is also no evidence that the tenants advised the landlord (or the property manager at the time) of their concerns regarding the cleanliness of the premises at the start of the tenancy.

The tenants also claim that they should have been given the opportunity to go back to the premises to remedy the cleaning issues. However, a tenant’s obligation is to leave the premises reasonably clean at the end of the tenancy. If they fail to do so the landlord is entitled to have the matter remedied and claim the reasonable costs from the tenant. The landlord is not required to give the tenant the opportunity to return to the premises after it has ended to complete the work themselves.

The tenants claim that the bathroom and toilet required cleaning because they had been used after the tenancy ended. I consider this to be highly unlikely. I accept Mr Lemberg’s evidence that the photographs were taken on the day the tenancy ended, the cleaning work was completed the day after, and the new tenants moved in the day after that. Moreover, the dirt around the basin tap, as shown in the photographs, would have occurred over a period of time.

The amounts claimed have been established by the production of invoices and are considered reasonable.

The landlord has been successful in his claims and is therefore entitled to payment of the Tribunal application fee.

The amounts ordered are to be paid out of the bond with the remaining bond paid to the tenants.

Order

Claims and awards in Tenancy Tribunal application 4785677 — net $519.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$149.50	Carpet Cleaning
Cleaning	$350.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$519.94
Bond	$2,720.00
Total payable by Tenant to Landlord	$519.94

Reasons

Both parties attended the hearing. Ms Nie and Mr Myers attended in person for the tenants. The landlord and Mr Sebastian Lemberg attended by way of teleconference.

The landlord applied for costs to clean the premises, including the carpets at the end of the tenancy. The tenants filed two cross applications, both were for payment of the bond.

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

The amounts claimed have been established by the production of invoices and are considered reasonable.

The landlord has been successful in his claims and is therefore entitled to payment of the Tribunal application fee.

The amounts ordered are to be paid out of the bond with the remaining bond paid to the tenants.

Tenancy Tribunal case 4785677 — Cleanliness at 18 Longmuir Street, Ilam, Christchurch 8041

At a glance

Tenancy Tribunal case 4785677 — Cleanliness at 18 Longmuir Street, Ilam, Christchurch 8041

At a glance

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions