What was the outcome of Tenancy Tribunal case 4931695?

The tribunal order states: Leslie Barnes must pay Archer Mchattie Limited As Agent For Louis Kjestrup

How much money was awarded in case 4931695?

Cleaning: $840.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lost Rent: $740.00 awarded to landlord; Property Damage: $349.90 awarded to landlord; Removing Carpet And Dumping: $589.38 awarded to landlord; Rent Arears: $590.14 awarded to landlord; Rubbish Removal: $2,581.81 awarded to landlord

What type of tenancy dispute was case 4931695?

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

Where can I read the official tribunal order for case 4931695?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10801107-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4931695?

The tribunal order states: Leslie Barnes must pay Archer Mchattie Limited As Agent For Louis Kjestrup

How much money was awarded in case 4931695?

Cleaning: $840.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lost Rent: $740.00 awarded to landlord; Property Damage: $349.90 awarded to landlord; Removing Carpet And Dumping: $589.38 awarded to landlord; Rent Arears: $590.14 awarded to landlord; Rubbish Removal: $2,581.81 awarded to landlord

What type of tenancy dispute was case 4931695?

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

Where can I read the official tribunal order for case 4931695?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10801107-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 22 Renall Street, Masterton, Masterton 5810 Tenancy Tribunal Case 4931695 — Cleanliness

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Unit/Flat 4, 22 Renall Street, Masterton, Masterton 5810 Tenancy Tribunal Case 4931695 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4931695 — net $5,718.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: six truck loads to the dump plus safety equipment	$2,581.81	Rubbish removal: six truck loads to the dump plus safety equipment
Cleaning	$840.00	Cleaning
Lock/key replacement	$349.90	Lock/key replacement
Removing carpet and dumping	$589.38	Removing carpet and dumping
Rent arears to 2 July 2024	$590.14	Rent arears to 2 July 2024
Two weeks lost rent to get the unit sanitary	$740.00	Two weeks lost rent to get the unit sanitary
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,718.23
Total payable by Tenant to Landlord	$5,718.23

Claims and awards for application 4931695 — net $5,718.23 NZD. Verify on MoJ.

Rubbish removal: six truck loads to the dump plus safety equipment

Amount: $2,581.81
Awarded to: Landlord
Reason: Rubbish removal: six truck loads to the dump plus safety equipment

Cleaning

Amount: $840.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $349.90
Awarded to: Landlord
Reason: Lock/key replacement

Removing carpet and dumping

Amount: $589.38
Awarded to: Landlord
Reason: Removing carpet and dumping

Rent arears to 2 July 2024

Amount: $590.14
Awarded to: Landlord
Reason: Rent arears to 2 July 2024

Dismissed claims

Other Claims — All other claims dismissed
Property Damage

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lost Rent Property damage Rubbish Removal

Order

Leslie Barnes must pay Archer Mchattie Limited As Agent For Louis Kjestrup $5,718.23 immediately, calculated as shown in table below.
This order incorporates the Tribunal order sealed on 26 April 2024 under application 4853300.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not answer the calls to her phone.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The bond was refunded to the landlord before the hearing.

How much is owed for rent?

The tenancy ended on 2 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond refunded to the landlord has been used to lower to rent arrears.
On 26 April 2024 the Tribunal made an order relating to this tenancy for rent arrears. That previous order is incorporated into this order for enforcement purposes.

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 (RTA) .
The landlord provided me with photos taken at the end of the tenancy. The tenant did not leave the premises reasonably clean and tidy. The unit was extremely dirty. It was full of furniture, clothes, kitchen items, appliances and rubbish. I accept the landlord’s evidence the unit was unsanitary. The amount claimed for removing everything and cleaning seems reasonable to me.
I accept that the landlord had to change the locks for safety reasons.

Is the tenant responsible for the damage to the premises?

The carpet was damaged beyond repair. There is a claim for removing and dumping the old carpet, and for replacement carpet.
A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
It seems most likely to me the tenant damaged the carpet and I accept it could not be cleaned to a reasonable standard. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I accept the claim for removing the carpet. Usually I would not sperate out carpet removal from the cost of replacing the carpet, but I find this tenant should pay because of the mess left behind.
I cannot accept the claim for replacement carpet. This is because the carpet was at least eight years old, and had marks and damage when the tenant moved in. In allowing compensation the landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. I note that carpet is expected to last eight years in a rental property and the new carpet will definitely be an improvement for the landlord. The claim for replacement carpet is dismissed.
The landlord has also claimed two weeks of lost rent because of the time it took to get the unit sanitary. I can see from the invoices the landlord acted quickly but the clean up took time. In the particular circumstances of this case I allow the claim for lost rent. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4931695 — net $5,718.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal: six truck loads to the dump plus safety equipment	$2,581.81	Rubbish removal: six truck loads to the dump plus safety equipment
Cleaning	$840.00	Cleaning
Lock/key replacement	$349.90	Lock/key replacement
Removing carpet and dumping	$589.38	Removing carpet and dumping
Rent arears to 2 July 2024	$590.14	Rent arears to 2 July 2024
Two weeks lost rent to get the unit sanitary	$740.00	Two weeks lost rent to get the unit sanitary
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,718.23
Total payable by Tenant to Landlord	$5,718.23

Claims and awards for application 4931695 — net $5,718.23 NZD. Verify on MoJ.

Rubbish removal: six truck loads to the dump plus safety equipment

Amount: $2,581.81
Awarded to: Landlord
Reason: Rubbish removal: six truck loads to the dump plus safety equipment

Cleaning

Amount: $840.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $349.90
Awarded to: Landlord
Reason: Lock/key replacement

Removing carpet and dumping

Amount: $589.38
Awarded to: Landlord
Reason: Removing carpet and dumping

Rent arears to 2 July 2024

Amount: $590.14
Awarded to: Landlord
Reason: Rent arears to 2 July 2024

Dismissed claims

Other Claims — All other claims dismissed
Property Damage

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lost Rent Property damage Rubbish Removal

Order

Leslie Barnes must pay Archer Mchattie Limited As Agent For Louis Kjestrup $5,718.23 immediately, calculated as shown in table below.
This order incorporates the Tribunal order sealed on 26 April 2024 under application 4853300.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant did not answer the calls to her phone.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The bond was refunded to the landlord before the hearing.

How much is owed for rent?

The tenancy ended on 2 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy. The bond refunded to the landlord has been used to lower to rent arrears.
On 26 April 2024 the Tribunal made an order relating to this tenancy for rent arrears. That previous order is incorporated into this order for enforcement purposes.

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 (RTA) .
The landlord provided me with photos taken at the end of the tenancy. The tenant did not leave the premises reasonably clean and tidy. The unit was extremely dirty. It was full of furniture, clothes, kitchen items, appliances and rubbish. I accept the landlord’s evidence the unit was unsanitary. The amount claimed for removing everything and cleaning seems reasonable to me.
I accept that the landlord had to change the locks for safety reasons.

Is the tenant responsible for the damage to the premises?

The carpet was damaged beyond repair. There is a claim for removing and dumping the old carpet, and for replacement carpet.
A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
It seems most likely to me the tenant damaged the carpet and I accept it could not be cleaned to a reasonable standard. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I accept the claim for removing the carpet. Usually I would not sperate out carpet removal from the cost of replacing the carpet, but I find this tenant should pay because of the mess left behind.
I cannot accept the claim for replacement carpet. This is because the carpet was at least eight years old, and had marks and damage when the tenant moved in. In allowing compensation the landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. I note that carpet is expected to last eight years in a rental property and the new carpet will definitely be an improvement for the landlord. The claim for replacement carpet is dismissed.
The landlord has also claimed two weeks of lost rent because of the time it took to get the unit sanitary. I can see from the invoices the landlord acted quickly but the clean up took time. In the particular circumstances of this case I allow the claim for lost rent. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4931695 — Cleanliness at Unit/Flat 4, 22 Renall Street, Masterton, Masterton 5810

At a glance

Tenancy Tribunal case 4931695 — Cleanliness at Unit/Flat 4, 22 Renall Street, Masterton, Masterton 5810

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with their 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

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with their 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