What was the outcome of Tenancy Tribunal case 4863943?

The tribunal order states: Craig Borland must pay Grenadier Rent Shop Limited, Prince Dhawan and

How much money was awarded in case 4863943?

Cleaning: $136.79 awarded to landlord; Cost To Enforce Possession Order: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Remote: $184.00 awarded to landlord; Property Damage: $402.50 awarded to landlord; Rent Arrears: $2,050.00 awarded to landlord; Replace Carpets: $3,000.00 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord

What type of tenancy dispute was case 4863943?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4863943?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10592938-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4863943?

The tribunal order states: Craig Borland must pay Grenadier Rent Shop Limited, Prince Dhawan and

How much money was awarded in case 4863943?

Cleaning: $136.79 awarded to landlord; Cost To Enforce Possession Order: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Remote: $184.00 awarded to landlord; Property Damage: $402.50 awarded to landlord; Rent Arrears: $2,050.00 awarded to landlord; Replace Carpets: $3,000.00 awarded to landlord; Rubbish Removal: $80.00 awarded to landlord

What type of tenancy dispute was case 4863943?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4863943?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10592938-Tenancy_Tribunal_Order.pdf.

Unit/Flat B, 208 Cranford Street, St Albans, Christchurch Tenancy Tribunal Case 4863943 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4863943 — net $3,873.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2024	$2,050.00	Rent arrears to 15 April 2024
Cleaning	$136.79	Cleaning
Rubbish removal	$80.00	Rubbish removal
Garage remote	$184.00	Garage remote
Repair wall	$402.50	Repair wall
Replace carpets	$3,000.00	Replace carpets
Cost to enforce possession order	$200.00	Cost to enforce possession order
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,873.73
Total payable by Tenant to Landlord	$3,873.73

Craig Borland must pay Grenadier Rent Shop Limited, Prince Dhawan and Mehak Dhawan $3,873.73 immediately, calculated as shown in table below.

This order replaces and incorporates the Mediated Tribunal order made on 19 February 2024 under application 4778997.

The application for carpet cleaning costs is dismissed.

The Bond Centre is to pay the bond of $2,200.00 (6457314-007) to Grenadier Rent Shop Limited as agent for Prince Dhawan and Mehak Dhawan P&M D immediately.

Reasons

Mr Toa and Ms Hooper attended the hearing for the landlords. The tenant did not attend.

The landlords have applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. They also applied for costs incurred to enforce the possession order made under application 4778997.

How much is owed for rent?

The tenancy ended on 15 April 2024 after the landlords enforced a mediated conditional termination order made under application 4778997 on 19 February 2024.

The amount of rent owing to the end of the tenancy has been established by the production of a rent record. The amount ordered includes the rent in arrears as recorded in the mediated order.

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

In the absence of evidence to the contrary, I am satisfied that the tenant did not leave the premises reasonably clean, did not remove all rubbish, and did not return one of the two garage remotes provided for his benefit as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

The amounts claimed have been established by the production of invoices.

The claim to have the carpets cleaned is dismissed because the landlords have claimed to have the carpets replaced due to damage (see further below). The cleaning of the carpets was therefore unnecessary, given the intention by the landlords to replace it.

Is the tenant responsible for the damage to the premises?

I am satisfied that the landlords have established that the carpets and the stairway wall was damaged by the tenant’s cat during the tenancy. The damage is beyond fair wear and tear and the tenant has not disproved liability for it: sections 40(2)(a), 41 and 49B of the Act.

The amount claimed to repair the stairway wall has been established by the production of an invoice. The amount claimed to replace the carpets, which were damaged in all carpeted rooms, has been established by a quote. Mr Toa and Ms Hooper confirmed that the landlords will need to have the carpets replaced. The property was a new build when the tenancy commenced in August 2022 and therefore the carpets are just under two years old. Carpets are expected to last between 10 to 15 years before requiring replacement. I have therefore reduced the amount claimed to replace the carpets by 20% to account for betterment or depreciation.

The landlords have been mostly successful in their claims and I consider this an appropriate case to award them payment of the Tribunal application fee. Costs to enforce possession (bailiff’s fee)

The landlords incurred the cost ($200.00) to enforce the possession order made under the mediated order dated 19 February 2024. That fee is generally added to the monetary order made under that application. However, given that order has been replaced and incorporated by this order, I consider it appropriate to include it here.

Claims and awards in Tenancy Tribunal application 4863943 — net $3,873.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 April 2024	$2,050.00	Rent arrears to 15 April 2024
Cleaning	$136.79	Cleaning
Rubbish removal	$80.00	Rubbish removal
Garage remote	$184.00	Garage remote
Repair wall	$402.50	Repair wall
Replace carpets	$3,000.00	Replace carpets
Cost to enforce possession order	$200.00	Cost to enforce possession order
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,873.73
Total payable by Tenant to Landlord	$3,873.73

Order

Craig Borland must pay Grenadier Rent Shop Limited, Prince Dhawan and Mehak Dhawan $3,873.73 immediately, calculated as shown in table below.
This order replaces and incorporates the Mediated Tribunal order made on 19 February 2024 under application 4778997.
The application for carpet cleaning costs is dismissed.
The Bond Centre is to pay the bond of $2,200.00 (6457314-007) to Grenadier Rent Shop Limited as agent for Prince Dhawan and Mehak Dhawan P&M D immediately.

Reasons

Mr Toa and Ms Hooper attended the hearing for the landlords. The tenant did not attend.
The landlords have applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. They also applied for costs incurred to enforce the possession order made under application 4778997.

How much is owed for rent?

The tenancy ended on 15 April 2024 after the landlords enforced a mediated conditional termination order made under application 4778997 on 19 February 2024.
The amount of rent owing to the end of the tenancy has been established by the production of a rent record. The amount ordered includes the rent in arrears as recorded in the mediated order.

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

In the absence of evidence to the contrary, I am satisfied that the tenant did not leave the premises reasonably clean, did not remove all rubbish, and did not return one of the two garage remotes provided for his benefit as required by section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The amounts claimed have been established by the production of invoices.
The claim to have the carpets cleaned is dismissed because the landlords have claimed to have the carpets replaced due to damage (see further below). The cleaning of the carpets was therefore unnecessary, given the intention by the landlords to replace it.

Is the tenant responsible for the damage to the premises?

I am satisfied that the landlords have established that the carpets and the stairway wall was damaged by the tenant’s cat during the tenancy. The damage is beyond fair wear and tear and the tenant has not disproved liability for it: sections 40(2)(a), 41 and 49B of the Act.
The amount claimed to repair the stairway wall has been established by the production of an invoice. The amount claimed to replace the carpets, which were damaged in all carpeted rooms, has been established by a quote. Mr Toa and Ms Hooper confirmed that the landlords will need to have the carpets replaced. The property was a new build when the tenancy commenced in August 2022 and therefore the carpets are just under two years old. Carpets are expected to last between 10 to 15 years before requiring replacement. I have therefore reduced the amount claimed to replace the carpets by 20% to account for betterment or depreciation.
The landlords have been mostly successful in their claims and I consider this an appropriate case to award them payment of the Tribunal application fee. Costs to enforce possession (bailiff’s fee)
The landlords incurred the cost ($200.00) to enforce the possession order made under the mediated order dated 19 February 2024. That fee is generally added to the monetary order made under that application. However, given that order has been replaced and incorporated by this order, I consider it appropriate to include it here.

Tenancy Tribunal case 4863943 — Rent arrears at Unit/Flat B, 208 Cranford Street, St Albans, Christchurch

At a glance

Tenancy Tribunal case 4863943 — Rent arrears at Unit/Flat B, 208 Cranford Street, St Albans, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

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?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions