What was the outcome of Tenancy Tribunal case 4667573?

The tribunal order states: Ada Clarke and Ross Minshall Sadler must pay Stuart Iain McLachlan and June

How much money was awarded in case 4667573?

Cleaning: $1,827.60 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4493300 D…: $5,780.44 awarded to landlord; Property Damage: $2,400.00 awarded to landlord; Removal, Storage & Disposal Of Aband…: $747.50 awarded to landlord

What type of tenancy dispute was case 4667573?

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

Where can I read the official tribunal order for case 4667573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9941168-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4667573?

The tribunal order states: Ada Clarke and Ross Minshall Sadler must pay Stuart Iain McLachlan and June

How much money was awarded in case 4667573?

Cleaning: $1,827.60 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4493300 D…: $5,780.44 awarded to landlord; Property Damage: $2,400.00 awarded to landlord; Removal, Storage & Disposal Of Aband…: $747.50 awarded to landlord

What type of tenancy dispute was case 4667573?

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

Where can I read the official tribunal order for case 4667573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9941168-Tenancy_Tribunal_Order.pdf.

149 Southbridge Leeston Road, Christchurch 7683 Tenancy Tribunal Case 4667573 — Property damage

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149 Southbridge Leeston Road, Christchurch 7683 Tenancy Tribunal Case 4667573 — Property damage | 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 4667573 — net $10,775.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4493300 dated 03/04/2023	$5,780.44	Previous order application 4493300 dated 03/04/2023
Cleaning & repairs	$1,827.60	Cleaning & repairs
Removal, storage & disposal of abandoned goods	$747.50	Removal, storage & disposal of abandoned goods
Carpet damage	$2,400.00	Carpet damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,775.98
Total payable by Tenant to Landlord	$10,775.98

Claims and awards for application 4667573 — net $10,775.98 NZD. Verify on MoJ.

Previous order application 4493300 dated 03/04/2023

Amount: $5,780.44
Awarded to: Landlord
Reason: Previous order application 4493300 dated 03/04/2023

Cleaning & repairs

Amount: $1,827.60
Awarded to: Landlord
Reason: Cleaning & repairs

Removal, storage & disposal of abandoned goods

Amount: $747.50
Awarded to: Landlord
Reason: Removal, storage & disposal of abandoned goods

Carpet damage

Amount: $2,400.00
Awarded to: Landlord
Reason: Carpet damage

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Ada Clarke and Ross Minshall Sadler must pay Stuart Iain McLachlan and June Ruslyn Mclachlan $10,775.98 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 3 April 2023 under application 4493300.

Reasons

Mr McLachlan attended the hearing for the landlords. The tenants did not attend.
The landlords have applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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

The tenants did not leave the premises reasonably clean, did not remove all rubbish and belongings, and did not leave all chattels (lightbulbs were missing) provided for their benefit as required by section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).
The amounts ordered are proved.

Are the tenants responsible for the damage to the premises?

I am satisfied that the following damage occurred during the tenancy, is beyond fair wear and tear, and the tenants have not disproved liability for the damage: sections 40(2)(a), 41 and 49B of the Act): • Walls in the kitchen, lounge and bedrooms and the kitchen cupboards were damaged by holes and/or writing or drawings in non-removal pen; • Windowsills in a bedroom were damaged by a dog; • Four internal doors and three external doors were removed and/or damaged (by a dog) with handles missing and hinges damaged; • The carpet throughout the house was damaged by a dog, by a section being cut out in a bedroom, and by paint and stains which are unable to be removed by cleaning.
The amounts ordered are proved.
I have taken into account betterment and depreciation where appropriate, in particular with respect to the carpets. The landlords should be returned to the position they would have been in had the tenants not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age of the carpets, which Mr McLachlan said were new at the commencement of the tenancy and were therefore five years old at the end of the tenancy. Carpets are expected to last approximately 10 years before requiring replacement. I have therefore reduced the amount claimed ($4,849.00) by approximately 50% to account for betterment.
The landlords have been successful in their claims and are therefore entitled to payment of the Tribunal application fee. Previous Tribunal order
On 3 April 2023 the Tribunal made an order relating to this tenancy, for rent arrears and the Tribunal application fee. The previous order is incorporated into this order for enforcement purposes.

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 4667573 — net $10,775.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4493300 dated 03/04/2023	$5,780.44	Previous order application 4493300 dated 03/04/2023
Cleaning & repairs	$1,827.60	Cleaning & repairs
Removal, storage & disposal of abandoned goods	$747.50	Removal, storage & disposal of abandoned goods
Carpet damage	$2,400.00	Carpet damage
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,775.98
Total payable by Tenant to Landlord	$10,775.98

Claims and awards for application 4667573 — net $10,775.98 NZD. Verify on MoJ.

Previous order application 4493300 dated 03/04/2023

Amount: $5,780.44
Awarded to: Landlord
Reason: Previous order application 4493300 dated 03/04/2023

Cleaning & repairs

Amount: $1,827.60
Awarded to: Landlord
Reason: Cleaning & repairs

Removal, storage & disposal of abandoned goods

Amount: $747.50
Awarded to: Landlord
Reason: Removal, storage & disposal of abandoned goods

Carpet damage

Amount: $2,400.00
Awarded to: Landlord
Reason: Carpet damage

Filing fee reimbursement

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

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Ada Clarke and Ross Minshall Sadler must pay Stuart Iain McLachlan and June Ruslyn Mclachlan $10,775.98 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 3 April 2023 under application 4493300.

Reasons

Mr McLachlan attended the hearing for the landlords. The tenants did not attend.
The landlords have applied for compensation and reimbursement of the filing fee following the end of the tenancy.

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

The tenants did not leave the premises reasonably clean, did not remove all rubbish and belongings, and did not leave all chattels (lightbulbs were missing) provided for their benefit as required by section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (the Act).
The amounts ordered are proved.

Are the tenants responsible for the damage to the premises?

I am satisfied that the following damage occurred during the tenancy, is beyond fair wear and tear, and the tenants have not disproved liability for the damage: sections 40(2)(a), 41 and 49B of the Act): • Walls in the kitchen, lounge and bedrooms and the kitchen cupboards were damaged by holes and/or writing or drawings in non-removal pen; • Windowsills in a bedroom were damaged by a dog; • Four internal doors and three external doors were removed and/or damaged (by a dog) with handles missing and hinges damaged; • The carpet throughout the house was damaged by a dog, by a section being cut out in a bedroom, and by paint and stains which are unable to be removed by cleaning.
The amounts ordered are proved.
I have taken into account betterment and depreciation where appropriate, in particular with respect to the carpets. The landlords should be returned to the position they would have been in had the tenants not breached their obligations and should not be better or worse off. In calculating depreciation, I have taken into account the age of the carpets, which Mr McLachlan said were new at the commencement of the tenancy and were therefore five years old at the end of the tenancy. Carpets are expected to last approximately 10 years before requiring replacement. I have therefore reduced the amount claimed ($4,849.00) by approximately 50% to account for betterment.
The landlords have been successful in their claims and are therefore entitled to payment of the Tribunal application fee. Previous Tribunal order
On 3 April 2023 the Tribunal made an order relating to this tenancy, for rent arrears and the Tribunal application fee. The previous order is incorporated into this order for enforcement purposes.

Tenancy Tribunal case 4667573 — Property damage at 149 Southbridge Leeston Road, Christchurch 7683

At a glance

Tenancy Tribunal case 4667573 — Property damage at 149 Southbridge Leeston Road, Christchurch 7683

At a glance

Award balance

Claims & awards

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Are the tenants responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions