How much money was awarded in case 4582052?

Break Lease Fee: $404.24 awarded to landlord; Cleaning: $218.50 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Mattress Protector: $90.00 awarded to landlord; Property Damage: $50.00 awarded to landlord; Rent Arrears: $1,182.86 awarded to landlord

What type of tenancy dispute was case 4582052?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4582052?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9376217-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4582052?

Break Lease Fee: $404.24 awarded to landlord; Cleaning: $218.50 awarded to landlord; Cleaning: $200.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Mattress Protector: $90.00 awarded to landlord; Property Damage: $50.00 awarded to landlord; Rent Arrears: $1,182.86 awarded to landlord

What type of tenancy dispute was case 4582052?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4582052?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9376217-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1D, 246 St George Street, Papatoetoe, Auckland Tenancy Tribunal Case 4582052 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4582052?

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

Order

Claims and awards in Tenancy Tribunal application 4582052 — net $786.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,182.86	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Break lease fee	$404.24	Break lease fee
Cleaning: 1 x cleaning	$200.00	Cleaning: 1 x cleaning
Carpet Cleaning: Cleaning and deodorised bed, base, carpet, and couch	$218.50	Carpet Cleaning: Cleaning and deodorised bed, base, carpet, and couch
Lock/key replacement	$50.00	Lock/key replacement
Mattress protector	$90.00	Mattress protector
Net award	$786.04
Total payable by Tenant to Landlord	$786.04

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Mary Roselynn Vaisima must pay Investment Portfolio Management Limited Partnership $786.04 immediately for rent arrears, cleaning, carpet cleaning, break lease fee, mattress protector, key, and reimbursement fee as calculated and shown in table below: DescriptionLandlord Rent arrears$1,182.86 Filing fee reimbursement$20.44 Break lease fee$404.24 Cleaning: 1 x cleaning$200.00 Carpet Cleaning: Cleaning and deodorised bed, base, carpet, and couch $218.50 Lock/key replacement$50.00 Mattress protector$90.00 Total award$2,166.00 Bond$1,380.00 Total payable by Tenant to Landlord$786.04

The Bond Centre is to pay the bond of $1,380.00 (6166597-005) to Investment Portfolio Management Limited Partnership immediately.

I am dismissing the second cleaning cost invoice dated 26 June 2023 and carpet cleaning invoice dated 12 June 2023.

Reasons

The landlord attended the hearing, the tenant did not.

The landlord is seeking to claim for rent arrears, cleaning costs, carpet cleaning costs, break fee, key and locksmith fees, mattress protector and reimbursement of the filing fee.

This was a 12-month fixed term tenancy which commenced on 1 September 2022 and was to end on 31 August 2023. In May 2023, the tenant advised that she could not continue with the tenancy and sought to end the fixed term early. The landlord accepted the earlier termination of the fixed term tenancy on the proviso that the tenant would pay a break fee and be liable for the rent until a new tenant Rent arrears

The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the end of the tenancy on 28 May 2023. The tenant stopped paying her rent on 28 April 2023. The new tenant did not take over the property until 29 May 2023. The tenant is liable for the rent from 28 April to 28 May 2023.

I am satisfied that the landlord has proven their claim for rent arrears. Break lease fee

The landlord provided the Tribunal with an invoice for $404.24 for the break lease fee. The invoice detailed the work carried out by the landlord to replace the tenant. The fee refers to the costs of advertising the property for rent, taking prospective tenants to the property for viewings, assessing the applications and carrying out reference screening, conducting ingoing inspection and administration costs. I am satisfied that the landlord has proven their claim for the break lease fee.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

The landlord provided the Tribunal with a pre - let report and a final exit report with attached photographs, and invoices for cleaning.

The photos and the exit report show that the tenant did not leave the property in a reasonably clean and tidy condition. There were two invoices provided for the cleaning of the property, one from Elegant Cleaning for $200.00 dated 29 May 2023 and another from Johns Home and Garden Ltd dated 26 June 2023 for $51.75. I am satisfied that the landlord has proven the claim for the $200.00 cleaning cost, but I am not satisfied that the tenant should pay the second invoice for $51.75 which was one month after the new tenant had been in the property.

The landlord has provided invoices from Services and More Ltd dated 24 May for $218.50 and 12 June 2023 for $115.00 for couch, mattress, bed base and carpet cleaning and deodorising.

I am satisfied that the tenant is liable for the invoice dated 24 May 2023 but not the second invoice dated 12 June which was two weeks after the start of the new tenancy.

The reason I am declining the second invoice for cleaning and carpets is that the landlord had engaged the services of the cleaners to carry out the work immediately after the end of the tenancy. The landlord and new tenants would have viewed the property before the start of the new tenancy and found that the property was reasonably clean and tidy after the first clean. If there were areas that were unclean, they would have been noticeable before the new tenant took possession. The tenant should not be responsible for issues that arose after the end of her tenancy and after the exit cleaning that she has been required to pay.

The property was a self-contained furnished studio apartment. The bed had been covered with a new mattress protector at the start of the tenancy. At the end of the tenancy the mattress protector was heavily stained and unable to be cleaned satisfactory. The landlord needed to replace the mattress protector. The landlord provided photos of the heavily stained mattress protector and an invoice from Duval for $90.00 for a replacement mattress proctor. I am satisfied that the landlord has proven their claim for the mattress protector.

The tenant was provided with two keys at the start of the tenancy. At the end of the tenancy the tenant only left one key. The landlord provided an invoice from Duval dated 23 May 2023 for $50.00 for a replacement key.

I am satisfied that the landlord has proven their claim for the key.

The amounts ordered are proved.

The bond is to be refunded to the landlord to offset the debt owed by the tenant to the landlord.

Because Investment Portfolio Management Limited Partnership has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4582052 — net $786.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,182.86	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Break lease fee	$404.24	Break lease fee
Cleaning: 1 x cleaning	$200.00	Cleaning: 1 x cleaning
Carpet Cleaning: Cleaning and deodorised bed, base, carpet, and couch	$218.50	Carpet Cleaning: Cleaning and deodorised bed, base, carpet, and couch
Lock/key replacement	$50.00	Lock/key replacement
Mattress protector	$90.00	Mattress protector
Net award	$786.04
Total payable by Tenant to Landlord	$786.04

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Mary Roselynn Vaisima must pay Investment Portfolio Management Limited Partnership $786.04 immediately for rent arrears, cleaning, carpet cleaning, break lease fee, mattress protector, key, and reimbursement fee as calculated and shown in table below: DescriptionLandlord Rent arrears$1,182.86 Filing fee reimbursement$20.44 Break lease fee$404.24 Cleaning: 1 x cleaning$200.00 Carpet Cleaning: Cleaning and deodorised bed, base, carpet, and couch $218.50 Lock/key replacement$50.00 Mattress protector$90.00 Total award$2,166.00 Bond$1,380.00 Total payable by Tenant to Landlord$786.04
The Bond Centre is to pay the bond of $1,380.00 (6166597-005) to Investment Portfolio Management Limited Partnership immediately.
I am dismissing the second cleaning cost invoice dated 26 June 2023 and carpet cleaning invoice dated 12 June 2023.

Reasons

The landlord attended the hearing, the tenant did not.
The landlord is seeking to claim for rent arrears, cleaning costs, carpet cleaning costs, break fee, key and locksmith fees, mattress protector and reimbursement of the filing fee.
This was a 12-month fixed term tenancy which commenced on 1 September 2022 and was to end on 31 August 2023. In May 2023, the tenant advised that she could not continue with the tenancy and sought to end the fixed term early. The landlord accepted the earlier termination of the fixed term tenancy on the proviso that the tenant would pay a break fee and be liable for the rent until a new tenant Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the end of the tenancy on 28 May 2023. The tenant stopped paying her rent on 28 April 2023. The new tenant did not take over the property until 29 May 2023. The tenant is liable for the rent from 28 April to 28 May 2023.
I am satisfied that the landlord has proven their claim for rent arrears. Break lease fee
The landlord provided the Tribunal with an invoice for $404.24 for the break lease fee. The invoice detailed the work carried out by the landlord to replace the tenant. The fee refers to the costs of advertising the property for rent, taking prospective tenants to the property for viewings, assessing the applications and carrying out reference screening, conducting ingoing inspection and administration costs. I am satisfied that the landlord has proven their claim for the break lease fee.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1) (ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The landlord provided the Tribunal with a pre - let report and a final exit report with attached photographs, and invoices for cleaning.
The photos and the exit report show that the tenant did not leave the property in a reasonably clean and tidy condition. There were two invoices provided for the cleaning of the property, one from Elegant Cleaning for $200.00 dated 29 May 2023 and another from Johns Home and Garden Ltd dated 26 June 2023 for $51.75. I am satisfied that the landlord has proven the claim for the $200.00 cleaning cost, but I am not satisfied that the tenant should pay the second invoice for $51.75 which was one month after the new tenant had been in the property.
The landlord has provided invoices from Services and More Ltd dated 24 May for $218.50 and 12 June 2023 for $115.00 for couch, mattress, bed base and carpet cleaning and deodorising.
I am satisfied that the tenant is liable for the invoice dated 24 May 2023 but not the second invoice dated 12 June which was two weeks after the start of the new tenancy.
The reason I am declining the second invoice for cleaning and carpets is that the landlord had engaged the services of the cleaners to carry out the work immediately after the end of the tenancy. The landlord and new tenants would have viewed the property before the start of the new tenancy and found that the property was reasonably clean and tidy after the first clean. If there were areas that were unclean, they would have been noticeable before the new tenant took possession. The tenant should not be responsible for issues that arose after the end of her tenancy and after the exit cleaning that she has been required to pay.
The property was a self-contained furnished studio apartment. The bed had been covered with a new mattress protector at the start of the tenancy. At the end of the tenancy the mattress protector was heavily stained and unable to be cleaned satisfactory. The landlord needed to replace the mattress protector. The landlord provided photos of the heavily stained mattress protector and an invoice from Duval for $90.00 for a replacement mattress proctor. I am satisfied that the landlord has proven their claim for the mattress protector.
The tenant was provided with two keys at the start of the tenancy. At the end of the tenancy the tenant only left one key. The landlord provided an invoice from Duval dated 23 May 2023 for $50.00 for a replacement key.
I am satisfied that the landlord has proven their claim for the key.
The amounts ordered are proved.
The bond is to be refunded to the landlord to offset the debt owed by the tenant to the landlord.
Because Investment Portfolio Management Limited Partnership has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4582052 — Rent arrears at Unit/Flat 1D, 246 St George Street, Papatoetoe, Auckland

At a glance

Tenancy Tribunal case 4582052 — Rent arrears at Unit/Flat 1D, 246 St George Street, Papatoetoe, Auckland

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

Property management

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

Property management

Frequently asked questions