How much money was awarded in case 4903173?

Cleaning: $221.00 awarded to landlord; Cleaning: $122.50 awarded to landlord

What type of tenancy dispute was case 4903173?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4903173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10700142-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4903173?

Cleaning: $221.00 awarded to landlord; Cleaning: $122.50 awarded to landlord

What type of tenancy dispute was case 4903173?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4903173?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10700142-Tenancy_Tribunal_Order.pdf.

206 St Vincent Street, Toi Toi, Nelson 7010 Tenancy Tribunal Case 4903173 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4903173?

The tribunal order states: Grant Berryman, Karly Christine Marston and Christine Ann Raper to pay Tribe

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Order

Claims and awards in Tenancy Tribunal application 4903173 — net $343.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$221.00	Carpet Cleaning
Cleaning: 3.5 hours	$122.50	Cleaning: 3.5 hours
Net award	$343.50
Bond	$2,640.00
Total payable by Tenant to Landlord	$343.50

Grant Berryman, Karly Christine Marston and Christine Ann Raper to pay Tribe Property Management Limited $343.50 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,640.00 (3607984-005) immediately apportioned as follows: Tribe Property Management Limited: $343.50 Grant Berryman, Karly Christine Marston and Christine Ann Raper: $2,296.50

Reasons

The landlord attended the hearing, conducted via video. The tenants did not join and a call out was successfully made. All three tenants joined.

The landlord has applied for compensation via a partial refund of the bond, and reimbursement of the filing fee following the end of the 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 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.

The landlord claimed $221.00 for professional carpet cleaning and $500.00 cleaning compensation.

The statutory requirement is that tenants leave the premises in a reasonably clean and reasonably tidy condition. The RTA allows for fair wear and tear. A tenant is not required to leave a property spotless or even in a condition where the landlord would be happy to rent it out to a new tenant.

What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. A tenant is not required to rigorously clean all walls, ceilings lightshades, skirtings, behind appliances or the outside of the house. It is common that a landlord wishes to clean to this “extra” level so that they can move back in, re-tenant or sell. However, that is a business decision that a landlord makes at their cost.

The carpet required cleaning to remove dog fair and smell. I am satisfied this need was due to the pet dog residing during most of the tenancy. The invoice is awarded in full.

The owners were moving back in after this almost two-year tenancy. They cleaned the premises themselves and claimed $500.00 compensation based on eight hours cleaning. Having further reviewed the photos and considered the submissions, I consider the evidence supports tenant liability of no more than

5 hours for cleaning and minimal garden waste removal. The owner used a rate of $62.50 per hours (based on the dollar total and hours claimed) which would be “in the hand” and higher than what many commercial cleaners would receive. I have applied a rate of $35.00 per hour for their time. This means the compensation awarded is $122.50. Bond

The disputed amount total was less than 1/3 of the bond. When asked about any prior partial release, the landlord said she was unaware of such an option. An example of how it may have been handled in a timelier manner, while preserving sufficient bond in dispute, is shown below. Filing fee

The landlord sought the filing fee returned. Given the applicant has not been substantially successful, this is declined.

Order

Claims and awards in Tenancy Tribunal application 4903173 — net $343.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$221.00	Carpet Cleaning
Cleaning: 3.5 hours	$122.50	Cleaning: 3.5 hours
Net award	$343.50
Bond	$2,640.00
Total payable by Tenant to Landlord	$343.50

Grant Berryman, Karly Christine Marston and Christine Ann Raper to pay Tribe Property Management Limited $343.50 from the bond, calculated as shown in table below.

Reasons

The landlord attended the hearing, conducted via video. The tenants did not join and a call out was successfully made. All three tenants joined.

The landlord has applied for compensation via a partial refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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

The landlord claimed $221.00 for professional carpet cleaning and $500.00 cleaning compensation.

The carpet required cleaning to remove dog fair and smell. I am satisfied this need was due to the pet dog residing during most of the tenancy. The invoice is awarded in full.

The landlord sought the filing fee returned. Given the applicant has not been substantially successful, this is declined.

Tenancy Tribunal case 4903173 — Cleanliness at 206 St Vincent Street, Toi Toi, Nelson 7010

At a glance

Tenancy Tribunal case 4903173 — Cleanliness at 206 St Vincent Street, Toi Toi, Nelson 7010

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