How much money was awarded in case 4920495?

Cleaning: $237.12 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Door Remote: $95.00 awarded to landlord; Property Damage: $562.00 awarded to landlord; Rubbish Removal: $20.00 awarded to landlord

What type of tenancy dispute was case 4920495?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4920495?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11312417-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4920495?

Cleaning: $237.12 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Garage Door Remote: $95.00 awarded to landlord; Property Damage: $562.00 awarded to landlord; Rubbish Removal: $20.00 awarded to landlord

What type of tenancy dispute was case 4920495?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4920495?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11312417-Tribunal_Order_Redacted.pdf.

3 Glamorgan Street, Northland, Wellington 6012 Tenancy Tribunal Case 4920495 — Property damage

Q: What was Tenancy Tribunal case 4920495 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4920495 — net $1,014.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$237.12	Carpet Cleaning
Carpet repair	$562.00	Carpet repair
Cleaning: 2 hours plus GST	$80.00	Cleaning: 2 hours plus GST
Rubbish removal	$20.00	Rubbish removal
Garage door remote	$95.00	Garage door remote
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,014.56
Bond	$2,800.00
Total payable by Tenant to Landlord	$1,014.56

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Freyja Cramptonwood, Alexus Crengle-Anderson and Jonathan Cox to pay [The landlord/s] $1,014.56 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,800.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,014.56 Freyja Cramptonwood, Alexus Crengle- Anderson and Jonathan Cox: $1,785.44

Reasons

Both parties attended the hearing.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenants are jointly and severally responsible for any damage and cleaning at the end of the tenancy.

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

Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The landlord provided me with photos taken after the end of the tenancy to prove the claim for cleaning. The tenant who was in the house last and did all the cleaning said she did not clean the oven. Based on the evidence provided I find the tenants should pay for two hours of additional cleaning, for a bathroom and for the oven.

The claim for carpet cleaning is proved and allowed. I have photos of the stains and one of the tenants accepted responsibility for the stains.

There is a claim for repairs to the carpet. If this is established, to avoid liability, the tenants must prove they did not carelessly or intentionally cause or permit the damage. I accept the stains could not be removed by cleaning. A tenant has accepted responsibility for the stains, so the tenants are also responsible for the subsequent repair. The cost of the repair is proved and allowed.

There are photos showing some kitchen items and a long wooden bench - that lived outside on the deck - were left at the end of the tenancy. The tenants accepted the kitchen items were left by accident and were not sure if the bench was there at the start of the four year tenancy. This is the landlord’s claim to prove. There was no evidence from the start of the tenancy, such as a chattels list. The bench is the type of chattel that is commonly left between tenancies. I find the landlord has not proved the bench belonged to the tenants and this part of the claim is dismissed. I allow $20 for the removal of the kitchen items, which seems reasonable to me.

The garage door remote was not returned at the end of the tenancy. The amount ordered is proved. Other orders

A request for the bond refund has been sent to the Bond Centre

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenants’ names will be published because there is public interest in names when there is a dispute about the bond. See section 95A RTA.

Order

Claims and awards in Tenancy Tribunal application 4920495 — net $1,014.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$237.12	Carpet Cleaning
Carpet repair	$562.00	Carpet repair
Cleaning: 2 hours plus GST	$80.00	Cleaning: 2 hours plus GST
Rubbish removal	$20.00	Rubbish removal
Garage door remote	$95.00	Garage door remote
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,014.56
Bond	$2,800.00
Total payable by Tenant to Landlord	$1,014.56

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Freyja Cramptonwood, Alexus Crengle-Anderson and Jonathan Cox to pay [The landlord/s] $1,014.56 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing.

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

The claim for carpet cleaning is proved and allowed. I have photos of the stains and one of the tenants accepted responsibility for the stains.

The garage door remote was not returned at the end of the tenancy. The amount ordered is proved. Other orders

A request for the bond refund has been sent to the Bond Centre

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4920495 — Property damage at 3 Glamorgan Street, Northland, Wellington 6012

At a glance

Tenancy Tribunal case 4920495 — Property damage at 3 Glamorgan Street, Northland, Wellington 6012

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