What was the outcome of Tenancy Tribunal case 4575031?

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

How much money was awarded in case 4575031?

Cleaning: $75.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Shower Hose Depreciated: $50.00 awarded to landlord

What type of tenancy dispute was case 4575031?

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

Where can I read the official tribunal order for case 4575031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9243426-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4575031?

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

How much money was awarded in case 4575031?

Cleaning: $75.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Shower Hose Depreciated: $50.00 awarded to landlord

What type of tenancy dispute was case 4575031?

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

Where can I read the official tribunal order for case 4575031?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9243426-Tenancy_Tribunal_Order.pdf.

46 Mabey Road, Avalon, Lower Hutt 5011 Tenancy Tribunal Case 4575031 — Cleanliness

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46 Mabey Road, Avalon, Lower Hutt 5011 Tenancy Tribunal Case 4575031 — 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 4575031 — net $145.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning shower floor	$75.00	Cleaning shower floor
Repairs: Shower hose depreciated	$50.00	Repairs: Shower hose depreciated
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$145.44
Total payable by Tenant to Landlord	$145.44

Claims and awards for application 4575031 — net $145.44 NZD. Verify on MoJ.

Cleaning shower floor

Amount: $75.00
Awarded to: Landlord
Reason: Cleaning shower floor

Repairs: Shower hose depreciated

Amount: $50.00
Awarded to: Landlord
Reason: Repairs: Shower hose depreciated

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $145.44

Total payable by Tenant to Landlord

Landlord $145.44

Dismissed claims

Rent Arrears — Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Deborah Brodie is to pay $145.44 to Jeanette Cotter immediately, calculated as follows: DescriptionLandlord Cleaning shower floor$75.00 Repairs: Shower hose depreciated$50.00 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$145.44
The cross-application is dismissed.

Reasons

Rent arrears

Jeanette has claimed that rent was in arrears at the end of the tenancy. She has claimed that a fornightly rent payment was not made for the fortnight, 3 to 16 August 2021.
The first that Deborah heard that rent was in arrears was when the application was lodged on 16 May 2023. That is nearly two years after the rent was due. A tenant has a responsibility to pay rent and a landlord has a responsibility to inform a tenant within a reasonable time if the landlord believes that rent is in arrears. If a tenant is not informed that there is a problem with rent, that tenant can reasonably understand that the landlord is satisfied with payments made. It is important to inform a person about a debt promptly because people make financial decisions based on not owing money. In this case I am satisfied that sufficient time has passed that it is now unreasonable for the landlord to pursue the debt. The claim for rent arrears is dismissed. Cleaning
The landlord has claimed that the tile grout was not reasonably clean at the end of the tenancy. The tenant’s responsibility is to leave the premises reasonably clean. I am satisfied that the tenant could have left the shower grout clean. The $75.00 claimed for the work is reasonable. Shower hose
At the end of the tenancy Jeanette found the shower flexi-hose was damaged. Deborah disputed that she had caused damage and that it may have happened after she left the tenancy. The flexi-hose was stretched. It is more likely that the hose has been damaged during the tenancy. Deborah is liable for the damage. I have considered the amount to be ordered for this damage. The amount ordered is less than Jeanette claimed for the following reasons. There is only a quote and not an invoice for installation in the evidence. The landlord could have a friend carry out the work for free because it requires no skill to replace. A new 2m length hose costs $38.67 at Bunnings. The hose is about four years old and is an item that deteriorates over time. $50.00 is a reasonable amount to pay for the damage. The cross application
The cross application is dismissed because it relates to a defence of the landlord’s application and is requesting the landlord to pay an amount that the Tribunal has already ordered. In both cases an application is not required. The claim for non-payment is by way of an enforcement process, not a further Tribunal order. Filing Fee
Because the landlord has been partly successful with the claim, the filing fee of $20.44 is ordered.

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 4575031 — net $145.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning shower floor	$75.00	Cleaning shower floor
Repairs: Shower hose depreciated	$50.00	Repairs: Shower hose depreciated
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$145.44
Total payable by Tenant to Landlord	$145.44

Claims and awards for application 4575031 — net $145.44 NZD. Verify on MoJ.

Cleaning shower floor

Amount: $75.00
Awarded to: Landlord
Reason: Cleaning shower floor

Repairs: Shower hose depreciated

Amount: $50.00
Awarded to: Landlord
Reason: Repairs: Shower hose depreciated

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $145.44

Total payable by Tenant to Landlord

Landlord $145.44

Dismissed claims

Rent Arrears — Cleaning

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Deborah Brodie is to pay $145.44 to Jeanette Cotter immediately, calculated as follows: DescriptionLandlord Cleaning shower floor$75.00 Repairs: Shower hose depreciated$50.00 Filing fee reimbursement$20.44 Total payable by Tenant to Landlord$145.44
The cross-application is dismissed.

Reasons

Rent arrears

Jeanette has claimed that rent was in arrears at the end of the tenancy. She has claimed that a fornightly rent payment was not made for the fortnight, 3 to 16 August 2021.
The first that Deborah heard that rent was in arrears was when the application was lodged on 16 May 2023. That is nearly two years after the rent was due. A tenant has a responsibility to pay rent and a landlord has a responsibility to inform a tenant within a reasonable time if the landlord believes that rent is in arrears. If a tenant is not informed that there is a problem with rent, that tenant can reasonably understand that the landlord is satisfied with payments made. It is important to inform a person about a debt promptly because people make financial decisions based on not owing money. In this case I am satisfied that sufficient time has passed that it is now unreasonable for the landlord to pursue the debt. The claim for rent arrears is dismissed. Cleaning
The landlord has claimed that the tile grout was not reasonably clean at the end of the tenancy. The tenant’s responsibility is to leave the premises reasonably clean. I am satisfied that the tenant could have left the shower grout clean. The $75.00 claimed for the work is reasonable. Shower hose
At the end of the tenancy Jeanette found the shower flexi-hose was damaged. Deborah disputed that she had caused damage and that it may have happened after she left the tenancy. The flexi-hose was stretched. It is more likely that the hose has been damaged during the tenancy. Deborah is liable for the damage. I have considered the amount to be ordered for this damage. The amount ordered is less than Jeanette claimed for the following reasons. There is only a quote and not an invoice for installation in the evidence. The landlord could have a friend carry out the work for free because it requires no skill to replace. A new 2m length hose costs $38.67 at Bunnings. The hose is about four years old and is an item that deteriorates over time. $50.00 is a reasonable amount to pay for the damage. The cross application
The cross application is dismissed because it relates to a defence of the landlord’s application and is requesting the landlord to pay an amount that the Tribunal has already ordered. In both cases an application is not required. The claim for non-payment is by way of an enforcement process, not a further Tribunal order. Filing Fee
Because the landlord has been partly successful with the claim, the filing fee of $20.44 is ordered.

Tenancy Tribunal case 4575031 — Cleanliness at 46 Mabey Road, Avalon, Lower Hutt 5011

At a glance

Tenancy Tribunal case 4575031 — Cleanliness at 46 Mabey Road, Avalon, Lower Hutt 5011

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions