What was the outcome of Tenancy Tribunal case 5006107?

The tribunal order states: Courtney Patricia Maynard to pay Diane Astle Realty Limited As Agent For Chris

How much money was awarded in case 5006107?

Cleaning: $140.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5006107?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5006107?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11130108-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5006107?

The tribunal order states: Courtney Patricia Maynard to pay Diane Astle Realty Limited As Agent For Chris

How much money was awarded in case 5006107?

Cleaning: $140.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5006107?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5006107?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11130108-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 3, 60 Stanmore Road, Linwood, Christchurch Tenancy Tribunal Case 5006107 — Cleanliness

Claims and awards in Tenancy Tribunal application 5006107 — net $167.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$140.00	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$167.00
Bond	$1,320.00
Total payable by Tenant to Landlord	$167.00

Order

Courtney Patricia Maynard to pay Diane Astle Realty Limited As Agent For Chris Ashcroft $167.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,320.00 (5627873-007) immediately apportioned as follows: Diane Astle Realty Limited As Agent For Chris Ashcroft: $167.00 Courtney Patricia Maynard: $1,153.00

Reasons

Both parties attended the hearing.
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?

The tenancy began on 13 November 2021 and ended on 5 September 2024.
The tenancy was initially managed by the owner personally. Diane Astle Realty Ltd assumed management of the property on 6 June 2024.
During the time the owner managed the property personally, proper business records showing all payments of rent paid by the tenant and any amount paid by way of bond by the tenant were not kept. Since Diane Astle Realty Ltd assumed responsibility for managing the property, proper business records have been kept.
This is the second application the landlord has made to the Tribunal. The first application was for termination and rent arrears. At the first hearing, the issue regarding the lack of business records during the time the property was managed by the owner personally presented itself. The Tribunal Order dated 21 August 2024 records that the landlord was afforded an opportunity to present a proper rent summary from 1 May 2023, which is the date the order records rent arrears began accumulating. Ms Astle did this and an order for rent arrears totalling $9,570.00 was made in favour of the landlord covering the period from 1 May 2023 – 14 June 2024.
At the hearing today, Ms Astle filed a rent summary for the period 14 June 2024 – 5 September 2024. This summary records rent arrears as $367.14 up to 5 September 2024.
The tenant accepts that they did not pay the last two weeks of rent. They submit that they do not believe that they owe two weeks rent. The tenant states that they paid two weeks rent in advance at the beginning of the tenancy. The tenant states that they have never had confirmation from the landlord whether this has been credited and if so, for what period. The tenant claims they have asked the landlord for records confirming receipt of this payment and recording the period it has been credited, but these have not been provided. The tenant states that the payment for two weeks rent in advance made at the beginning of the tenancy has not been credited and claims that it should be credited towards the payment of rent for the last two weeks of this tenancy.
Diane Astle Realty Ltd was unable to confirm whether the payment of two weeks rent in advance made by the tenant at the beginning of the tenancy had been credited and if so, for what period. Diane Astle Realty Ltd only assumed responsibility for the management of this tenancy on 6 June 2024 and as noted above, the owner did not keep proper business records during the period of self- management.
In the absence of an accurate rent summary from the beginning of the tenancy when the property was self-managed, I am left in some doubt about whether the payment made by the tenant of two weeks rent in advance has been appropriately credited. This case highlights the importance of landlords keeping accurate business records for payments of rent made by tenants. Where there is a dispute such as this, an accurate rent summary is usually sufficient to dispel any doubt. On the balance of probabilities, I am not convinced that the tenant owes the total arrears sought and the landlord’s claim for rent arrears is dismissed.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided a photograph of a red stain on the carpet. The tenant accepted that a red stain was sustained to the carpet during the tenancy. The tenant gave evidence that they do not know how it occurred or what substance it was. The tenant attempted to clean the stain with a Bissell and paid for a professional carpet clean. Unfortunately, the stain remained.
The landlord submitted that they had the carpet professionally cleaned a second time to try to remove the stain. The landlord seeks compensation of $140.00 for carpet cleaning and submitted an invoice for this amount.
I accept that the stain to the carpet occurred during the tenancy and that the carpet needed to be professionally cleaned to bring it up to a reasonably clean and tidy standard.
The landlord’s claim for compensation for carpet cleaning is granted in full for $140.00. Filing fee
As the landlord has been substantially successful with their claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5006107 — net $167.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$140.00	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$167.00
Bond	$1,320.00
Total payable by Tenant to Landlord	$167.00

Order

Courtney Patricia Maynard to pay Diane Astle Realty Limited As Agent For Chris Ashcroft $167.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,320.00 (5627873-007) immediately apportioned as follows: Diane Astle Realty Limited As Agent For Chris Ashcroft: $167.00 Courtney Patricia Maynard: $1,153.00

Reasons

Both parties attended the hearing.
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?

The tenancy began on 13 November 2021 and ended on 5 September 2024.
The tenancy was initially managed by the owner personally. Diane Astle Realty Ltd assumed management of the property on 6 June 2024.
During the time the owner managed the property personally, proper business records showing all payments of rent paid by the tenant and any amount paid by way of bond by the tenant were not kept. Since Diane Astle Realty Ltd assumed responsibility for managing the property, proper business records have been kept.
This is the second application the landlord has made to the Tribunal. The first application was for termination and rent arrears. At the first hearing, the issue regarding the lack of business records during the time the property was managed by the owner personally presented itself. The Tribunal Order dated 21 August 2024 records that the landlord was afforded an opportunity to present a proper rent summary from 1 May 2023, which is the date the order records rent arrears began accumulating. Ms Astle did this and an order for rent arrears totalling $9,570.00 was made in favour of the landlord covering the period from 1 May 2023 – 14 June 2024.
At the hearing today, Ms Astle filed a rent summary for the period 14 June 2024 – 5 September 2024. This summary records rent arrears as $367.14 up to 5 September 2024.
The tenant accepts that they did not pay the last two weeks of rent. They submit that they do not believe that they owe two weeks rent. The tenant states that they paid two weeks rent in advance at the beginning of the tenancy. The tenant states that they have never had confirmation from the landlord whether this has been credited and if so, for what period. The tenant claims they have asked the landlord for records confirming receipt of this payment and recording the period it has been credited, but these have not been provided. The tenant states that the payment for two weeks rent in advance made at the beginning of the tenancy has not been credited and claims that it should be credited towards the payment of rent for the last two weeks of this tenancy.
Diane Astle Realty Ltd was unable to confirm whether the payment of two weeks rent in advance made by the tenant at the beginning of the tenancy had been credited and if so, for what period. Diane Astle Realty Ltd only assumed responsibility for the management of this tenancy on 6 June 2024 and as noted above, the owner did not keep proper business records during the period of self- management.
In the absence of an accurate rent summary from the beginning of the tenancy when the property was self-managed, I am left in some doubt about whether the payment made by the tenant of two weeks rent in advance has been appropriately credited. This case highlights the importance of landlords keeping accurate business records for payments of rent made by tenants. Where there is a dispute such as this, an accurate rent summary is usually sufficient to dispel any doubt. On the balance of probabilities, I am not convinced that the tenant owes the total arrears sought and the landlord’s claim for rent arrears is dismissed.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord provided a photograph of a red stain on the carpet. The tenant accepted that a red stain was sustained to the carpet during the tenancy. The tenant gave evidence that they do not know how it occurred or what substance it was. The tenant attempted to clean the stain with a Bissell and paid for a professional carpet clean. Unfortunately, the stain remained.
The landlord submitted that they had the carpet professionally cleaned a second time to try to remove the stain. The landlord seeks compensation of $140.00 for carpet cleaning and submitted an invoice for this amount.
I accept that the stain to the carpet occurred during the tenancy and that the carpet needed to be professionally cleaned to bring it up to a reasonably clean and tidy standard.
The landlord’s claim for compensation for carpet cleaning is granted in full for $140.00. Filing fee
As the landlord has been substantially successful with their claim I have reimbursed the filing fee.

Tenancy Tribunal case 5006107 — Cleanliness at Unit/Flat Unit 3, 60 Stanmore Road, Linwood, Christchurch

At a glance

Tenancy Tribunal case 5006107 — Cleanliness at Unit/Flat Unit 3, 60 Stanmore Road, Linwood, Christchurch

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions