How much money was awarded in case 4645082?

Cleaning: $160.00 awarded to tenant; Cleaning: $143.75 awarded to landlord; Lawns and Garden Work: $115.00 awarded to landlord; Cleaning: $57.50 awarded to landlord; Property Damage: $115.00 awarded to landlord

What type of tenancy dispute was case 4645082?

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

Where can I read the official tribunal order for case 4645082?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9332099-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4645082?

Cleaning: $160.00 awarded to tenant; Cleaning: $143.75 awarded to landlord; Lawns and Garden Work: $115.00 awarded to landlord; Cleaning: $57.50 awarded to landlord; Property Damage: $115.00 awarded to landlord

What type of tenancy dispute was case 4645082?

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

Where can I read the official tribunal order for case 4645082?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9332099-Tenancy_Tribunal_Order.pdf.

Unit/Flat 8, 368 Hereford Street, Linwood, Christchurch Tenancy Tribunal Case 4645082 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4645082?

The tribunal order states: Alessio Musa and Yuting Wang must pay A1 Property Managers Limited as agent

Order

Claims and awards in Tenancy Tribunal application 4645082 — net $271.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: Heat pump unit, spotlights, blinds	$143.75		Cleaning: Heat pump unit, spotlights, blinds
Repairs: Damage to kitchen wall	$115.00		Repairs: Damage to kitchen wall
Lawns and Garden work: Weeding and washing	$115.00		Lawns and Garden work: Weeding and washing
Oven/stove cleaning: Hob cleaning	$57.50		Oven/stove cleaning: Hob cleaning
Refund for carpet cleaning expenses		$160.00	Refund for carpet cleaning expenses
Total award	$431.25	$160.00
Net award	$271.25
Total payable by Tenant to Landlord	$271.25

Alessio Musa and Yuting Wang must pay A1 Property Managers Limited as agent for D Mead $271.25 from the bond, calculated as shown in table below.

The landlord’s other claims are dismissed.

The Bond Centre is to pay $1,928.75 from the bond (6384489-025) to Alessio Musa and Yuting Wang and $271.25 from the bond to A1 Property Managers Limited as agent for D Mead immediately.

Reasons

Mr Musa attended on behalf of the tenants.

Ms Taylor attended on behalf of the landlord.

The tenants have applied for a refund of carpet cleaning costs, a full refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenants must leave the premises reasonably clean and tidy, and remove all rubbish under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA).

The tenants did not leave the premises reasonably clean and tidy in all respects.

The internal heat pump unit and spotlights had not been cleaned and considerable amounts of fly dirt were visible.

The kitchen blind was dusty, and a bedroom blind had an unreasonable number of marks which had not been cleaned off.

Some cupboards and the laundry area in the garage had not been cleaned.

The garden had not been recently weeded and the deck had marks on it which had not been cleaned off.

The amounts ordered are proved.

I have not compensated the landlord for all cleaning claimed in its application. Although the landlord may wish the premises to be cleaned to a professional standard for incoming tenants, this is beyond what it is reasonable to expect of an outgoing tenant.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage under sections 40(2)(a), 41 and 49B of the RTA.

The following damage was caused during the tenancy: damage to paintwork in two places on the kitchen wall caused by the tenants removing a shelf they had installed. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.

The amounts ordered are proved.

I have not compensated the landlord for minor damage to walls in the stairwell, hallway and bedrooms as I do not consider that the landlord has proven that this is more than fair wear and tear.

I have not compensated the landlord for repairs to plastered patches above the window in one bedroom as the tenants denied responsibility for this damage and the landlord was unable to prove that the damage was caused during the tenancy.

Is the tenant required to have the carpet professionally cleaned?

The landlord provided the tenants with information relating to vacating the tenancy. This included a strong implication that the tenants were required to have the carpets commercially cleaned. The tenants did have the carpets commercially cleaned at a cost of $160.00. The carpets did not require commercial cleaning and the requirement to do so goes beyond what can reasonably be expected from a tenant.

The carpet cleaning costs are refunded to the tenants. Application fees

As neither party has wholly succeeded in their application, fees will lie where they fall.

Claims and awards in Tenancy Tribunal application 4645082 — net $271.25 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: Heat pump unit, spotlights, blinds	$143.75		Cleaning: Heat pump unit, spotlights, blinds
Repairs: Damage to kitchen wall	$115.00		Repairs: Damage to kitchen wall
Lawns and Garden work: Weeding and washing	$115.00		Lawns and Garden work: Weeding and washing
Oven/stove cleaning: Hob cleaning	$57.50		Oven/stove cleaning: Hob cleaning
Refund for carpet cleaning expenses		$160.00	Refund for carpet cleaning expenses
Total award	$431.25	$160.00
Net award	$271.25
Total payable by Tenant to Landlord	$271.25

Order

Alessio Musa and Yuting Wang must pay A1 Property Managers Limited as agent for D Mead $271.25 from the bond, calculated as shown in table below.
The landlord’s other claims are dismissed.
The Bond Centre is to pay $1,928.75 from the bond (6384489-025) to Alessio Musa and Yuting Wang and $271.25 from the bond to A1 Property Managers Limited as agent for D Mead immediately.

Reasons

Mr Musa attended on behalf of the tenants.
Ms Taylor attended on behalf of the landlord.
The tenants have applied for a refund of carpet cleaning costs, a full refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The landlord has applied for compensation through a partial refund of the bond and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenants must leave the premises reasonably clean and tidy, and remove all rubbish under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA).
The tenants did not leave the premises reasonably clean and tidy in all respects.
The internal heat pump unit and spotlights had not been cleaned and considerable amounts of fly dirt were visible.
The kitchen blind was dusty, and a bedroom blind had an unreasonable number of marks which had not been cleaned off.
Some cupboards and the laundry area in the garage had not been cleaned.
The garden had not been recently weeded and the deck had marks on it which had not been cleaned off.
The amounts ordered are proved.
I have not compensated the landlord for all cleaning claimed in its application. Although the landlord may wish the premises to be cleaned to a professional standard for incoming tenants, this is beyond what it is reasonable to expect of an outgoing tenant.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage under sections 40(2)(a), 41 and 49B of the RTA.
The following damage was caused during the tenancy: damage to paintwork in two places on the kitchen wall caused by the tenants removing a shelf they had installed. The damage is more than fair wear and tear, and the tenants have not disproved liability for the damage.
The amounts ordered are proved.
I have not compensated the landlord for minor damage to walls in the stairwell, hallway and bedrooms as I do not consider that the landlord has proven that this is more than fair wear and tear.
I have not compensated the landlord for repairs to plastered patches above the window in one bedroom as the tenants denied responsibility for this damage and the landlord was unable to prove that the damage was caused during the tenancy.

Is the tenant required to have the carpet professionally cleaned?

The landlord provided the tenants with information relating to vacating the tenancy. This included a strong implication that the tenants were required to have the carpets commercially cleaned. The tenants did have the carpets commercially cleaned at a cost of $160.00. The carpets did not require commercial cleaning and the requirement to do so goes beyond what can reasonably be expected from a tenant.
The carpet cleaning costs are refunded to the tenants. Application fees
As neither party has wholly succeeded in their application, fees will lie where they fall.

Tenancy Tribunal case 4645082 — Cleanliness at Unit/Flat 8, 368 Hereford Street, Linwood, Christchurch

At a glance

Tenancy Tribunal case 4645082 — Cleanliness at Unit/Flat 8, 368 Hereford Street, Linwood, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Is the tenant required to have the carpet professionally cleaned?

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?

Is the tenant responsible for the damage to the premises?

Is the tenant required to have the carpet professionally cleaned?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions