How much money was awarded in case 5260066?

Carpet Stain And Odour Removal: $454.75 awarded to landlord

What type of tenancy dispute was case 5260066?

The dispute type was not classified.

Where can I read the official tribunal order for case 5260066?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12872642-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5260066?

Carpet Stain And Odour Removal: $454.75 awarded to landlord

What type of tenancy dispute was case 5260066?

The dispute type was not classified.

Where can I read the official tribunal order for case 5260066?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12872642-Tribunal_Order_Redacted.pdf.

1 Evelyn Road, Cockle Bay, Auckland 2014 Tenancy Tribunal Case 5260066 — Tenancy dispute

Q: What was Tenancy Tribunal case 5260066 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 5260066 — net $454.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet stain and odour removal	$454.75	Carpet stain and odour removal
Net award	$454.75
Bond	$1,620.00
Total payable by Tenant to Landlord	$454.75

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties names and identifying details.

[The tenant/s] to pay [The landlord/s] $454.75 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,620.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $454.75 [The tenant/s]: $1,165.25

Reasons

Both parties attended the hearing.

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

The tenant has applied for a refund of the bond.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The dispute centres around whether the tenant is responsible for costs associated with removing odour and stains to the carpets caused by animal urine and if so the extent of her liability.

The tenancy ran for slightly more than 10 years. The upstairs carpets were new at the beginning of the tenancy the downstairs carpets were not.

The tenant had two dogs and two cats. Her own carpet cleaning invoice has confirmed that the carpets had odours and stains from cat urine.

The landlord claims for lost rental (6 weeks at $560 equating to $3,360) plus costs of $684.85) due to having to remove the carpets and replace the underlay and sand the floor to remove pet urine odours.

The tenant claims that the carpet had no value and needed to be replaced irrespective of the pet damage and that the loss of rental is not her responsibility. The period between tenancies was not solely to replace the carpets as they needed to be replaced anyway and the property also required work to repair a leak in the shower and was “tired” due to deferred maintenance not being done.

I have dismissed the claim for lost rent as a reasonable landlord will build into their business plan a certain amount of time between tenancies to attend to required work and find new tenants. The time without rent is not excessive and not a tenant liability.

I have allowed the landlord’s claim for removal of the pet odours in part. The flooring below the carpets needed to be sanded and treated to remove the odour, the tenant is liable for this cost as it would not have been incurred had her pets not caused the damage/odour.

The amount ordered is considered reasonable. It allows half of the actual cost of disposing of the damaged materials only.

Both parties paid filing fees. Both are partly successful in their submissions. I decline to direct one party reimburse the other for the filing fee.

I award both parties the name suppression requested. The tenant’s bond has more than covered her liability and the landlord is partly successful.

Order

Claims and awards in Tenancy Tribunal application 5260066 — net $454.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet stain and odour removal	$454.75	Carpet stain and odour removal
Net award	$454.75
Bond	$1,620.00
Total payable by Tenant to Landlord	$454.75