What was the outcome of Tenancy Tribunal case 4642330?

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

How much money was awarded in case 4642330?

Cleaning: $172.50 awarded to landlord; Cleaning: $437.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $257.86 awarded to landlord; Rubbish Removal: $900.00 awarded to landlord

What type of tenancy dispute was case 4642330?

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

Where can I read the official tribunal order for case 4642330?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9404323-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4642330?

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

How much money was awarded in case 4642330?

Cleaning: $172.50 awarded to landlord; Cleaning: $437.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $257.86 awarded to landlord; Rubbish Removal: $900.00 awarded to landlord

What type of tenancy dispute was case 4642330?

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

Where can I read the official tribunal order for case 4642330?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9404323-Tenancy_Tribunal_Order.pdf.

65 Barbour Street, Waltham, Christchurch 8011 Tenancy Tribunal Case 4642330 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4642330 — net $427.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears after rent abatement to 6 June 2023	$257.86	Rent arrears after rent abatement to 6 June 2023
Rubbish removal	$900.00	Rubbish removal
Carpet Cleaning	$172.50	Carpet Cleaning
Cleaning	$437.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$427.80
Total payable by Tenant to Landlord	$427.80

Both parties attended the hearing. Mr Sharp represented the landlord. The tenant attended by telephone.

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Rent

The tenancy was from 2 October 2020 to 6 June 2023. It was terminated by a notice from the tenant. It was short notice, but the landlord accepted it.

There were nine days rent arrears in the sum of $462.86 when the tenancy ended.

On 18 May 2023, a reasonably large piece at the corner of the ceiling plaster in one of the bedrooms fell to the floor. The landlord had the plaster analysed for asbestos the next day and the result was negative. The damage was not repaired until after the tenancy ended.

The tenant said that she moved out of the premises on 25 May because she felt that they were unsafe. She referred to the ceiling damage and to the fact that the premises were cold and that her daughter was unwell with a chest infection. She also said that she did not pay rent at the end of the tenancy because she needed the money for the airfare to Wellington where she was moving.

There is no cross application by the tenant and there is no evidence (apart from the ceiling damage) that the premises were defective.

The premises were not uninhabitable as result of the ceiling damage. I accept though that the bedroom where the damage occurred was uninhabitable. It was reasonable for the tenant to be concerned for her child’s safety occupying the room as well as the effects of the damage on the comfort of the room.

It is therefore reasonable to allow the tenant an abatement of rent for the loss of use of the room. I calculate the abatement based on a 20% reduction of the rent for a period of 20 days which amounts to $205. $462.86 - $205 = $257.86.

There is no justification for any further adjustment to the rent. The tenant continued to occupy the premises after the ceiling damage, and she said her daughter shared her bedroom. There is no evidence that she could not have continued occupying the premises until the end of the tenancy. There is therefore no evidence that the timing of her move had anything to do with the condition of the premises. The Tenant’s Other Obligations

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.

There was a considerable amount of rubbish left at the premises at the end of the tenancy, substantial cleaning was needed, and carpets were stained.

The landlord produced an invoice for rubbish removal and garden work in the sum of $977.50. There was no evidence that garden work was needed. Any such work would have been minimal anyway. The tenant said that it was her ex- partner’s job to remove rubbish and leave the premises clean. That is between the tenant and her ex-partner and does not concern the landlord. I have therefore awarded $900 for rubbish removal.

The tenant said that the $172.50 invoice for carpet cleaning was excessive, and that the landlord should expect that food and drink gets dropped on the carpet when a young child occupies the premises. The tenant is responsible for the state of the carpet, and I find that the cost of the carpet cleaning is reasonable.

The $437 invoice for general cleaning is reasonable and I have awarded it.

The landlord has succeeded and so I have awarded the filing fee.

The bond has been paid to the landlord and so the tenant has been given credit for that.

Claims and awards in Tenancy Tribunal application 4642330 — net $427.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears after rent abatement to 6 June 2023	$257.86	Rent arrears after rent abatement to 6 June 2023
Rubbish removal	$900.00	Rubbish removal
Carpet Cleaning	$172.50	Carpet Cleaning
Cleaning	$437.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$427.80
Total payable by Tenant to Landlord	$427.80

Order

No application for suppression has been made in this case and no suppression orders apply to publication of this decision.
Alarnia May Lerm must pay A J McPherson & Associates Limited as agent for MMK Investments Limited $427.80 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing. Mr Sharp represented the landlord. The tenant attended by telephone.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy was from 2 October 2020 to 6 June 2023. It was terminated by a notice from the tenant. It was short notice, but the landlord accepted it.
There were nine days rent arrears in the sum of $462.86 when the tenancy ended.
On 18 May 2023, a reasonably large piece at the corner of the ceiling plaster in one of the bedrooms fell to the floor. The landlord had the plaster analysed for asbestos the next day and the result was negative. The damage was not repaired until after the tenancy ended.
The tenant said that she moved out of the premises on 25 May because she felt that they were unsafe. She referred to the ceiling damage and to the fact that the premises were cold and that her daughter was unwell with a chest infection. She also said that she did not pay rent at the end of the tenancy because she needed the money for the airfare to Wellington where she was moving.
There is no cross application by the tenant and there is no evidence (apart from the ceiling damage) that the premises were defective.
The premises were not uninhabitable as result of the ceiling damage. I accept though that the bedroom where the damage occurred was uninhabitable. It was reasonable for the tenant to be concerned for her child’s safety occupying the room as well as the effects of the damage on the comfort of the room.
It is therefore reasonable to allow the tenant an abatement of rent for the loss of use of the room. I calculate the abatement based on a 20% reduction of the rent for a period of 20 days which amounts to $205. $462.86 - $205 = $257.86.
There is no justification for any further adjustment to the rent. The tenant continued to occupy the premises after the ceiling damage, and she said her daughter shared her bedroom. There is no evidence that she could not have continued occupying the premises until the end of the tenancy. There is therefore no evidence that the timing of her move had anything to do with the condition of the premises. The Tenant’s Other Obligations
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.
There was a considerable amount of rubbish left at the premises at the end of the tenancy, substantial cleaning was needed, and carpets were stained.
The landlord produced an invoice for rubbish removal and garden work in the sum of $977.50. There was no evidence that garden work was needed. Any such work would have been minimal anyway. The tenant said that it was her ex- partner’s job to remove rubbish and leave the premises clean. That is between the tenant and her ex-partner and does not concern the landlord. I have therefore awarded $900 for rubbish removal.
The tenant said that the $172.50 invoice for carpet cleaning was excessive, and that the landlord should expect that food and drink gets dropped on the carpet when a young child occupies the premises. The tenant is responsible for the state of the carpet, and I find that the cost of the carpet cleaning is reasonable.
The $437 invoice for general cleaning is reasonable and I have awarded it.
The landlord has succeeded and so I have awarded the filing fee.
The bond has been paid to the landlord and so the tenant has been given credit for that.

Tenancy Tribunal case 4642330 — Cleanliness at 65 Barbour Street, Waltham, Christchurch 8011

At a glance

Tenancy Tribunal case 4642330 — Cleanliness at 65 Barbour Street, Waltham, Christchurch 8011

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions