What was the outcome of Tenancy Tribunal case 5238951?

The tribunal order states: Gareth Morgan must pay Emerge Aotearoa Housing Trust $2,291.65

How much money was awarded in case 5238951?

Cleaning: $130.00 awarded to landlord; Cleaning: $1,075.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $310.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rubbish Removal: $399.40 awarded to landlord

What type of tenancy dispute was case 5238951?

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

Where can I read the official tribunal order for case 5238951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12052573-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5238951?

The tribunal order states: Gareth Morgan must pay Emerge Aotearoa Housing Trust $2,291.65

How much money was awarded in case 5238951?

Cleaning: $130.00 awarded to landlord; Cleaning: $1,075.25 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $310.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rubbish Removal: $399.40 awarded to landlord

What type of tenancy dispute was case 5238951?

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

Where can I read the official tribunal order for case 5238951?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12052573-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 447 Cashel Street, Linwood, Christchurch 8011 Tenancy Tribunal Case 5238951 — Cleanliness

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Unit/Flat 1, 447 Cashel Street, Linwood, Christchurch 8011 Tenancy Tribunal Case 5238951 — 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 5238951 — net $2,291.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,075.25	Cleaning
Carpet Cleaning	$130.00	Carpet Cleaning
Rubbish removal	$399.40	Rubbish removal
Lock/key replacement	$310.00	Lock/key replacement
Repair damage	$750.00	Repair damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,291.65
Total payable by Tenant to Landlord	$2,291.65

Claims and awards for application 5238951 — net $2,291.65 NZD. Verify on MoJ.

Cleaning

Amount: $1,075.25
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $130.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $399.40
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $310.00
Awarded to: Landlord
Reason: Lock/key replacement

Repair damage

Amount: $750.00
Awarded to: Landlord
Reason: Repair damage

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Gareth Morgan must pay Emerge Aotearoa Housing Trust $2,291.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $400.00 (3571129-021) to Emerge Aotearoa Housing Trust immediately.

Reasons

Ms Timpson attended the hearing for the landlord. 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.

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

The tenant did not leave the premises reasonably clean, did not remove all rubbish/goods, and did not return all keys as required by section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).
The amounts ordered are proved by the production of invoices.

Is the tenant responsible for the damage to the premises?

To be successful in a claim for damage to the premises the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
The following damage was caused during the tenancy: walls in the kitchen, a bedroom, and the lounge were damaged by holes and gouges; the bathroom towel rail and toilet roll holder were missing; and the door frame in the lounge was damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for it.
The amounts ordered are proved. The cost to repair the damage was $1,515.59 but the landlord has reduced the claim to $750.00 to account for betterment.
The landlord had additional claims (as set out in their application). However, Ms Timpson confirmed that the landlord was not pursuing those additional claims.
The landlord has been successful in its claims and is therefore entitled to payment of the Tribunal application 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 5238951 — net $2,291.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$1,075.25	Cleaning
Carpet Cleaning	$130.00	Carpet Cleaning
Rubbish removal	$399.40	Rubbish removal
Lock/key replacement	$310.00	Lock/key replacement
Repair damage	$750.00	Repair damage
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,291.65
Total payable by Tenant to Landlord	$2,291.65

Claims and awards for application 5238951 — net $2,291.65 NZD. Verify on MoJ.

Cleaning

Amount: $1,075.25
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $130.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $399.40
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $310.00
Awarded to: Landlord
Reason: Lock/key replacement

Repair damage

Amount: $750.00
Awarded to: Landlord
Reason: Repair damage

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

Gareth Morgan must pay Emerge Aotearoa Housing Trust $2,291.65 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $400.00 (3571129-021) to Emerge Aotearoa Housing Trust immediately.

Reasons

Ms Timpson attended the hearing for the landlord. 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.

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

The tenant did not leave the premises reasonably clean, did not remove all rubbish/goods, and did not return all keys as required by section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).
The amounts ordered are proved by the production of invoices.

Is the tenant responsible for the damage to the premises?

To be successful in a claim for damage to the premises the landlord must prove that damage occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they, or others at the premises with their permission, did not carelessly or intentionally cause or permit the damage: sections 40(2)(a), 41 and 49B of the Act.
The following damage was caused during the tenancy: walls in the kitchen, a bedroom, and the lounge were damaged by holes and gouges; the bathroom towel rail and toilet roll holder were missing; and the door frame in the lounge was damaged. The damage is more than fair wear and tear, and the tenant has not disproved liability for it.
The amounts ordered are proved. The cost to repair the damage was $1,515.59 but the landlord has reduced the claim to $750.00 to account for betterment.
The landlord had additional claims (as set out in their application). However, Ms Timpson confirmed that the landlord was not pursuing those additional claims.
The landlord has been successful in its claims and is therefore entitled to payment of the Tribunal application fee.

Tenancy Tribunal case 5238951 — Cleanliness at Unit/Flat 1, 447 Cashel Street, Linwood, Christchurch 8011

At a glance

Tenancy Tribunal case 5238951 — Cleanliness at Unit/Flat 1, 447 Cashel Street, Linwood, Christchurch 8011

At a glance

Award balance

Claims & awards

Order

Reasons

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

Order

Reasons

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