What was the outcome of Tenancy Tribunal case 4816637?

The tribunal order states: Brittnee Marshall to pay Barfoot & Thompson Limited - as Agent for Carolyn

How much money was awarded in case 4816637?

Filing Fee: $20.44 awarded to landlord; Final Water Reading: $87.58 awarded to landlord; Rent: $1,262.86 awarded to landlord; Rubbish Removal: $545.70 awarded to landlord

What type of tenancy dispute was case 4816637?

The dispute type was not classified.

Where can I read the official tribunal order for case 4816637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10192047-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4816637?

The tribunal order states: Brittnee Marshall to pay Barfoot & Thompson Limited - as Agent for Carolyn

How much money was awarded in case 4816637?

Filing Fee: $20.44 awarded to landlord; Final Water Reading: $87.58 awarded to landlord; Rent: $1,262.86 awarded to landlord; Rubbish Removal: $545.70 awarded to landlord

What type of tenancy dispute was case 4816637?

The dispute type was not classified.

Where can I read the official tribunal order for case 4816637?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10192047-Tenancy_Tribunal_Order.pdf.

49B Paterson Avenue West, Pukekohe, Pukekohe 2120 Tenancy Tribunal Case 4816637 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4816637 — net $1,916.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 4 February 2024	$1,262.86	Rent to 4 February 2024
Final water reading	$87.58	Final water reading
Cleaning and rubbish removal	$545.70	Cleaning and rubbish removal
Filing fee application 4758097	$20.44	Filing fee application 4758097
Net award	$1,916.58
Bond	$2,080.00
Total payable by Tenant to Landlord	$1,916.58

Brittnee Marshall to pay Barfoot & Thompson Limited - as Agent for Carolyn Landon $1,916.58 from the bond, calculated as shown in the table below.

The Bond Centre is to pay the bond of $2,080.00 (5478656-002) immediately apportioned as follows: Barfoot & Thompson Limited - as Agent for Carolyn Landon: $1,916.58 Brittnee Marshall: $163.42

Reasons

Both parties attended the hearing today.

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

How much is owed for rent and water?

The tenancy ended on 4 February 2024. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. The tenant accepted these charges.

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 (section 40 of the Residential Tenancies Act 1986 (the Act)).

The landlord claimed $660.70 for cleaning and rubbish removal, as itemised in a written quote and a later invoice dated 28 February 2024.

The tenant disputed the cleaning and rubbish removal charges. The tenant pointed out that the house was only 110 square metres in area. She provided photographs of the condition of the property when she vacated. The tenant accepted that were was some rubbish outside that needed to be removed (including a plastic chair and green plastic shelving for plants) and a wooden pallet in the garage. The tenant also accepted that the oven needed cleaning and several lightbulbs had to be replaced. Curtains had to be rehung in one of the bedrooms.

The tenant hired a rug doctor and cleaned the carpets at the end of the tenancy. She said there were stains on the carpet at the start of the tenancy. The ingoing inspection report does refer to some small stains on the carpet of bedroom 1, and notes that the carpets were worn in the lounge, but otherwise the carpets were in a clean condition. The exit inspection report does show several small stains on the lounge carpet.

The tenant said her photograph of the garage showed that the floor had been cleaned. The tenant’s photograph only shows the bottom half of the garage closest to the door. There is a photograph of the other end of the garage, which shows dark marks on the garage floor carpet. The ingoing report refers to a stain on the garage floor.

I disallow the claim for carpet cleaning costs. While there are some stains on the lounge carpet that are not mentioned in the ingoing inspection report, they are small and may have been missed at the earlier inspection. Further, the photographs in the inspection reports are small and difficult to view, and the ingoing report does not include many photographs of the carpet. I am unable to establish that there was further staining to the carpet during the tenancy or that any new stains were not removed by the tenant’s cleaning.

The invoice is itemised but not individually costed, so it is necessary to estimate the carpet cleaning costs. I deduct $100.00 plus GST ($115.00). The award for cleaning and waste disposal is therefore $545.70 ($660.70-$115.00).

I allow the remaining itemised claims for labour. The photographs show that part of the garage needed sweeping and the wooden pallet needed to be removed. I allow the claim for consumable items ($105.00 plus GST). I also allow the claim for replacement light bulbs ($11.40) and the disposal fees for rubbish ($188.12). The disposal fees appear reasonable given there were items of hard rubbish to be removed. Filing fee and name suppression

Both parties have partly succeeded. It is appropriate that the parties bear the cost of the filing fee.

The Tribunal awarded the filing fee in an earlier application (number 4758097) pursuant to an order dated 31 January 2024. I have consolidated the earlier filing fee in this order for enforcement purposes.

The tenant requested name suppression. Both parties have had some success (the tenant is also entitled to the balance of the bond), but the tenant cannot be said to have been “wholly or substantially” successful (section 95A of the Act). I decline to grant suppression.

Claims and awards in Tenancy Tribunal application 4816637 — net $1,916.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 4 February 2024	$1,262.86	Rent to 4 February 2024
Final water reading	$87.58	Final water reading
Cleaning and rubbish removal	$545.70	Cleaning and rubbish removal
Filing fee application 4758097	$20.44	Filing fee application 4758097
Net award	$1,916.58
Bond	$2,080.00
Total payable by Tenant to Landlord	$1,916.58

Order

Brittnee Marshall to pay Barfoot & Thompson Limited - as Agent for Carolyn Landon $1,916.58 from the bond, calculated as shown in the table below.
The Bond Centre is to pay the bond of $2,080.00 (5478656-002) immediately apportioned as follows: Barfoot & Thompson Limited - as Agent for Carolyn Landon: $1,916.58 Brittnee Marshall: $163.42

Reasons

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

How much is owed for rent and water?

The tenancy ended on 4 February 2024. The landlord provided rent records and water invoices which prove the amount owing at the end of the tenancy. The tenant accepted these charges.

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 (section 40 of the Residential Tenancies Act 1986 (the Act)).
The landlord claimed $660.70 for cleaning and rubbish removal, as itemised in a written quote and a later invoice dated 28 February 2024.
The tenant disputed the cleaning and rubbish removal charges. The tenant pointed out that the house was only 110 square metres in area. She provided photographs of the condition of the property when she vacated. The tenant accepted that were was some rubbish outside that needed to be removed (including a plastic chair and green plastic shelving for plants) and a wooden pallet in the garage. The tenant also accepted that the oven needed cleaning and several lightbulbs had to be replaced. Curtains had to be rehung in one of the bedrooms.
The tenant hired a rug doctor and cleaned the carpets at the end of the tenancy. She said there were stains on the carpet at the start of the tenancy. The ingoing inspection report does refer to some small stains on the carpet of bedroom 1, and notes that the carpets were worn in the lounge, but otherwise the carpets were in a clean condition. The exit inspection report does show several small stains on the lounge carpet.
The tenant said her photograph of the garage showed that the floor had been cleaned. The tenant’s photograph only shows the bottom half of the garage closest to the door. There is a photograph of the other end of the garage, which shows dark marks on the garage floor carpet. The ingoing report refers to a stain on the garage floor.
I disallow the claim for carpet cleaning costs. While there are some stains on the lounge carpet that are not mentioned in the ingoing inspection report, they are small and may have been missed at the earlier inspection. Further, the photographs in the inspection reports are small and difficult to view, and the ingoing report does not include many photographs of the carpet. I am unable to establish that there was further staining to the carpet during the tenancy or that any new stains were not removed by the tenant’s cleaning.
The invoice is itemised but not individually costed, so it is necessary to estimate the carpet cleaning costs. I deduct $100.00 plus GST ($115.00). The award for cleaning and waste disposal is therefore $545.70 ($660.70-$115.00).
I allow the remaining itemised claims for labour. The photographs show that part of the garage needed sweeping and the wooden pallet needed to be removed. I allow the claim for consumable items ($105.00 plus GST). I also allow the claim for replacement light bulbs ($11.40) and the disposal fees for rubbish ($188.12). The disposal fees appear reasonable given there were items of hard rubbish to be removed. Filing fee and name suppression
Both parties have partly succeeded. It is appropriate that the parties bear the cost of the filing fee.
The Tribunal awarded the filing fee in an earlier application (number 4758097) pursuant to an order dated 31 January 2024. I have consolidated the earlier filing fee in this order for enforcement purposes.
The tenant requested name suppression. Both parties have had some success (the tenant is also entitled to the balance of the bond), but the tenant cannot be said to have been “wholly or substantially” successful (section 95A of the Act). I decline to grant suppression.

Tenancy Tribunal case 4816637 — Tenancy dispute at 49B Paterson Avenue West, Pukekohe, Pukekohe 2120

At a glance

Tenancy Tribunal case 4816637 — Tenancy dispute at 49B Paterson Avenue West, Pukekohe, Pukekohe 2120

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water?

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

How much is owed for rent and water?

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