What was the outcome of Tenancy Tribunal case 5153261?

The tribunal order states: Marianne Williams must pay Susan Michele Stratford $484.17 immediately,

How much money was awarded in case 5153261?

Cleaning: $300.00 awarded to landlord; Dump Fees: $171.72 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Replace Missing Curtains, Drapes, An…: $474.46 awarded to landlord; Replace Missing Ladder: $129.99 awarded to landlord; Replace Recycling Bin: $21.00 awarded to landlord; Rubbish Removal: $1,200.00 awarded to landlord

What type of tenancy dispute was case 5153261?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5153261?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880274-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5153261?

The tribunal order states: Marianne Williams must pay Susan Michele Stratford $484.17 immediately,

How much money was awarded in case 5153261?

Cleaning: $300.00 awarded to landlord; Dump Fees: $171.72 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Replace Missing Curtains, Drapes, An…: $474.46 awarded to landlord; Replace Missing Ladder: $129.99 awarded to landlord; Replace Recycling Bin: $21.00 awarded to landlord; Rubbish Removal: $1,200.00 awarded to landlord

What type of tenancy dispute was case 5153261?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5153261?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11880274-Tenancy_Tribunal_Order.pdf.

20 Brucefield Avenue, Netherby, Ashburton 7700 Tenancy Tribunal Case 5153261 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 5153261 — net $484.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace missing curtains, drapes, and nets	$474.46	Replace missing curtains, drapes, and nets
Replace missing ladder	$129.99	Replace missing ladder
Cleaning and carpet cleaning	$300.00	Cleaning and carpet cleaning
Replace recycling bin	$21.00	Replace recycling bin
Dump fees	$171.72	Dump fees
Landlord labour for gardening, rubbish removal and cleaning - 40 hours	$1,200.00	Landlord labour for gardening, rubbish removal and cleaning - 40 hours
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$484.17
Total payable by Tenant to Landlord	$484.17

Marianne Williams must pay Susan Michele Stratford $484.17 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $1,840.00 (5841094-003) to Susan Michele Stratford immediately.

The landlord’s claims for methamphetamine testing, methamphetamine remediation costs, and for carpet replacement are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.

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

The tenancy started on 17 July 2021. The landlord obtained a possession order after giving the tenant notice to terminate the tenancy as the premises were to be sold. The landlord was granted possession on 13 January 2025, but allowed the tenant until 19 January 2025 to vacate 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 (RTA).

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord had to undertake significant work to clean the premises, remove and dump rubbish, and tidy the gardens to a reasonably tidy condition. The landlord’s claim for her labour for this work is proved.

At the end of the tenancy curtains in 2 bedrooms and the lounge, net curtains, and drapes over the lounge ranch slider were missing. The landlord has proved a claim for the replacement cost of those chattels.

A ladder from the garage was also missing at the end of the tenancy. The landlord had to replace it.

A council recycling bin was missing at the end of the tenancy. The landlord had to purchase a replacement bin.

The amounts ordered are proved by invoices, and photos, and by the evidence the landlord gave at the hearing. Unsuccessful claims

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.

The landlord sought the cost of methamphetamine test reports (x3) and methamphetamine remediation costs.

These claims cannot succeed. First, no pre-tenancy methamphetamine test was done so there is no available base line test. The landlord has not proved that the tenant, or a person at the premises with her consent, caused the contamination.

Second, the remediation work was not done. The landlord sold the premises. The purchasers did not require any remediation work to be done.

Third, for methamphetamine use (not manufacture) the Tribunal works to a level of 15μg/100cm² before the premises are considered to be contaminated and injurious to health. Most of the test samples were for amounts less than 1μg/100cm². The highest level (bedroom 3) was 8.9μg/100cm².

Even if the landlord had obtained a negative baseline pre-tenancy test, the Tribunal would not have awarded costs for remediation of the premises.

The landlord sought the cost of carpet replacement. While the tenant caused some damage to the carpet, the landlord did not replace it before she sold the premises. She produced no evidence that the sale price was less due to stained or damaged carpet. She has not established any compensable loss.

As the application is mostly successful, the tenant must pay the landlord’s Tribunal filing fee. Result

The bond will be paid to the landlord in full. The tenant must pay the landlord $484.17. Name suppression

On my enquiry, the landlord did not seek an order for name suppression. The tenant is not eligible for name suppression as she did not attend to successfully defend the claims made against her.

Claims and awards in Tenancy Tribunal application 5153261 — net $484.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace missing curtains, drapes, and nets	$474.46	Replace missing curtains, drapes, and nets
Replace missing ladder	$129.99	Replace missing ladder
Cleaning and carpet cleaning	$300.00	Cleaning and carpet cleaning
Replace recycling bin	$21.00	Replace recycling bin
Dump fees	$171.72	Dump fees
Landlord labour for gardening, rubbish removal and cleaning - 40 hours	$1,200.00	Landlord labour for gardening, rubbish removal and cleaning - 40 hours
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$484.17
Total payable by Tenant to Landlord	$484.17

Order

Marianne Williams must pay Susan Michele Stratford $484.17 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,840.00 (5841094-003) to Susan Michele Stratford immediately.
The landlord’s claims for methamphetamine testing, methamphetamine remediation costs, and for carpet replacement are dismissed.

Reasons

The landlord attended the hearing. The tenant did not attend.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy started on 17 July 2021. The landlord obtained a possession order after giving the tenant notice to terminate the tenancy as the premises were to be sold. The landlord was granted possession on 13 January 2025, but allowed the tenant until 19 January 2025 to vacate 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 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord had to undertake significant work to clean the premises, remove and dump rubbish, and tidy the gardens to a reasonably tidy condition. The landlord’s claim for her labour for this work is proved.
At the end of the tenancy curtains in 2 bedrooms and the lounge, net curtains, and drapes over the lounge ranch slider were missing. The landlord has proved a claim for the replacement cost of those chattels.
A ladder from the garage was also missing at the end of the tenancy. The landlord had to replace it.
A council recycling bin was missing at the end of the tenancy. The landlord had to purchase a replacement bin.
The amounts ordered are proved by invoices, and photos, and by the evidence the landlord gave at the hearing. Unsuccessful claims
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.
The landlord sought the cost of methamphetamine test reports (x3) and methamphetamine remediation costs.
These claims cannot succeed. First, no pre-tenancy methamphetamine test was done so there is no available base line test. The landlord has not proved that the tenant, or a person at the premises with her consent, caused the contamination.
Second, the remediation work was not done. The landlord sold the premises. The purchasers did not require any remediation work to be done.
Third, for methamphetamine use (not manufacture) the Tribunal works to a level of 15μg/100cm² before the premises are considered to be contaminated and injurious to health. Most of the test samples were for amounts less than 1μg/100cm². The highest level (bedroom 3) was 8.9μg/100cm².
Even if the landlord had obtained a negative baseline pre-tenancy test, the Tribunal would not have awarded costs for remediation of the premises.
The landlord sought the cost of carpet replacement. While the tenant caused some damage to the carpet, the landlord did not replace it before she sold the premises. She produced no evidence that the sale price was less due to stained or damaged carpet. She has not established any compensable loss.
As the application is mostly successful, the tenant must pay the landlord’s Tribunal filing fee. Result
The bond will be paid to the landlord in full. The tenant must pay the landlord $484.17. Name suppression
On my enquiry, the landlord did not seek an order for name suppression. The tenant is not eligible for name suppression as she did not attend to successfully defend the claims made against her.

Tenancy Tribunal case 5153261 — Cleanliness at 20 Brucefield Avenue, Netherby, Ashburton 7700

At a glance

Tenancy Tribunal case 5153261 — Cleanliness at 20 Brucefield Avenue, Netherby, Ashburton 7700

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

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

Frequently asked questions