What was the outcome of Tenancy Tribunal case 4544749?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4544749?

Bailiff'S Fee: $200.00 awarded to landlord; Cleaning: $220.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Cleaning: $1,200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,853.20 awarded to landlord; Previous Order Application 4432861 D…: $4,380.44 awarded to landlord; Rent Arrears: $840.00 awarded to landlord

What type of tenancy dispute was case 4544749?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4544749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9395163-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4544749?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4544749?

Bailiff'S Fee: $200.00 awarded to landlord; Cleaning: $220.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Cleaning: $1,200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $1,853.20 awarded to landlord; Previous Order Application 4432861 D…: $4,380.44 awarded to landlord; Rent Arrears: $840.00 awarded to landlord

What type of tenancy dispute was case 4544749?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 4544749?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9395163-Tenancy_Tribunal_Order.pdf.

11 Bideford Place, Dallington, Christchurch 8061 Tenancy Tribunal Case 4544749 — Cleanliness

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11 Bideford Place, Dallington, Christchurch 8061 Tenancy Tribunal Case 4544749 — 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 4544749 — net $8,794.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 5 January 2023 – 16 January 2023	$840.00	Rent arrears 5 January 2023 – 16 January 2023
Previous order application 4432861 dated 14 December 2022	$4,380.44	Previous order application 4432861 dated 14 December 2022
Garden work and rubbish removal	$1,853.20	Garden work and rubbish removal
Oven/stove cleaning	$80.00	Oven/stove cleaning
Cleaning	$1,200.00	Cleaning
Bailiff's Fee	$200.00	Bailiff's Fee
Windows and carpet cleaning	$220.00	Windows and carpet cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,794.08
Total payable by Tenant to Landlord	$8,794.08

Claims and awards for application 4544749 — net $8,794.08 NZD. Verify on MoJ.

Rent arrears 5 January 2023 – 16 January 2023

Amount: $840.00
Awarded to: Landlord
Reason: Rent arrears 5 January 2023 – 16 January 2023

Previous order application 4432861 dated 14 December 2022

Amount: $4,380.44
Awarded to: Landlord
Reason: Previous order application 4432861 dated 14 December 2022

Garden work and rubbish removal

Amount: $1,853.20
Awarded to: Landlord
Reason: Garden work and rubbish removal

Oven/stove cleaning

Amount: $80.00
Awarded to: Landlord
Reason: Oven/stove cleaning

Cleaning

Amount: $1,200.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.
Stacy Brooke Chivell and David Chivell must pay Agnes White & Associates as agent for Tatiana Ives $8,794.08 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 14 December 2022 under application 4432861.

Reasons

Ms White attended the hearing for the landlord. The tenants did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 4 January 2023 by an order of the Tribunal made on 14 December 2022. That order also awarded the landlord rent arrears to the termination date. The tenants did not vacate the premises until 16 January 2023 when they were evicted under a warrant of possession by the Bailiff. The landlord therefore claims additional rent arrears for the period 5 January 2023 to 16 January 2023 in the sum of $840. The tenants were obliged to pay rent until they vacated the premises and so I have awarded the additional arrears. Other Claims
The landlord withdrew claims for glass damage and the agent’s cost of attending the Bailiff’s appointment.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The garden was left very overgrown and there was a considerable quantity of rubbish left in and around the premises and throughout the garden.
The landlord produced an invoice in the sum of $1,853.20 for rubbish removal and garden work and I am satisfied that the cost is reasonable having seen photographs showing the condition of the premises at the end of the tenancy.
The landlord also produced invoices for oven cleaning, window cleaning and carpet cleaning. I am satisfied that the cleaning was needed and that the charges are reasonable.
The landlord produced a cleaning invoice in the sum of $2,115. Whilst I accept that there was a considerable amount of cleaning needed, I find that the cost is not reasonable. The time spent is reasonable, but the hourly rate charged of $90 is not reasonable. I have awarded $1,200 based on an hourly rate of $50.
I have awarded the Bailiff’s fee in the sum of $200 for ease of enforcement.
I have also included the final award from the Tribunal’s previous order made on 14 December 2022 in the sum of $4,380.44 for ease of enforcement.
The landlord has succeeded and so I have awarded the filing fee for this application.

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 4544749 — net $8,794.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 5 January 2023 – 16 January 2023	$840.00	Rent arrears 5 January 2023 – 16 January 2023
Previous order application 4432861 dated 14 December 2022	$4,380.44	Previous order application 4432861 dated 14 December 2022
Garden work and rubbish removal	$1,853.20	Garden work and rubbish removal
Oven/stove cleaning	$80.00	Oven/stove cleaning
Cleaning	$1,200.00	Cleaning
Bailiff's Fee	$200.00	Bailiff's Fee
Windows and carpet cleaning	$220.00	Windows and carpet cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$8,794.08
Total payable by Tenant to Landlord	$8,794.08

Claims and awards for application 4544749 — net $8,794.08 NZD. Verify on MoJ.

Rent arrears 5 January 2023 – 16 January 2023

Amount: $840.00
Awarded to: Landlord
Reason: Rent arrears 5 January 2023 – 16 January 2023

Previous order application 4432861 dated 14 December 2022

Amount: $4,380.44
Awarded to: Landlord
Reason: Previous order application 4432861 dated 14 December 2022

Garden work and rubbish removal

Amount: $1,853.20
Awarded to: Landlord
Reason: Garden work and rubbish removal

Oven/stove cleaning

Amount: $80.00
Awarded to: Landlord
Reason: Oven/stove cleaning

Cleaning

Amount: $1,200.00
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.
Stacy Brooke Chivell and David Chivell must pay Agnes White & Associates as agent for Tatiana Ives $8,794.08 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 14 December 2022 under application 4432861.

Reasons

Ms White attended the hearing for the landlord. The tenants did not attend.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended on 4 January 2023 by an order of the Tribunal made on 14 December 2022. That order also awarded the landlord rent arrears to the termination date. The tenants did not vacate the premises until 16 January 2023 when they were evicted under a warrant of possession by the Bailiff. The landlord therefore claims additional rent arrears for the period 5 January 2023 to 16 January 2023 in the sum of $840. The tenants were obliged to pay rent until they vacated the premises and so I have awarded the additional arrears. Other Claims
The landlord withdrew claims for glass damage and the agent’s cost of attending the Bailiff’s appointment.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The garden was left very overgrown and there was a considerable quantity of rubbish left in and around the premises and throughout the garden.
The landlord produced an invoice in the sum of $1,853.20 for rubbish removal and garden work and I am satisfied that the cost is reasonable having seen photographs showing the condition of the premises at the end of the tenancy.
The landlord also produced invoices for oven cleaning, window cleaning and carpet cleaning. I am satisfied that the cleaning was needed and that the charges are reasonable.
The landlord produced a cleaning invoice in the sum of $2,115. Whilst I accept that there was a considerable amount of cleaning needed, I find that the cost is not reasonable. The time spent is reasonable, but the hourly rate charged of $90 is not reasonable. I have awarded $1,200 based on an hourly rate of $50.
I have awarded the Bailiff’s fee in the sum of $200 for ease of enforcement.
I have also included the final award from the Tribunal’s previous order made on 14 December 2022 in the sum of $4,380.44 for ease of enforcement.
The landlord has succeeded and so I have awarded the filing fee for this application.

Tenancy Tribunal case 4544749 — Cleanliness at 11 Bideford Place, Dallington, Christchurch 8061

At a glance

Tenancy Tribunal case 4544749 — Cleanliness at 11 Bideford Place, Dallington, Christchurch 8061

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions