How much money was awarded in case 4685269?

Cleaning: $557.75 awarded to landlord; Cleaning: $60.00 awarded to landlord; Property Damage: $24.99 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $400.00 awarded to landlord; Sliding door, kitchen cabinet, laund…: $414.00 awarded to landlord; Rubbish Removal: $352.50 awarded to landlord; Three Weeks Loss Of Rent: $1,740.00 awarded to landlord

What type of tenancy dispute was case 4685269?

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

Where can I read the official tribunal order for case 4685269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9648048-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4685269?

Cleaning: $557.75 awarded to landlord; Cleaning: $60.00 awarded to landlord; Property Damage: $24.99 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $400.00 awarded to landlord; Sliding door, kitchen cabinet, laund…: $414.00 awarded to landlord; Rubbish Removal: $352.50 awarded to landlord; Three Weeks Loss Of Rent: $1,740.00 awarded to landlord

What type of tenancy dispute was case 4685269?

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

Where can I read the official tribunal order for case 4685269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9648048-Tenancy_Tribunal_Order.pdf.

15 Haig Place, Woolston, Christchurch 8023 Tenancy Tribunal Case 4685269 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4685269?

The tribunal order states: Amy Lee Holden must pay Sinclair Property Group Limited as agent for Milton

Order

Claims and awards in Tenancy Tribunal application 4685269 — net $2,469.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$557.75	Cleaning
Rubbish removal	$352.50	Rubbish removal
Cleaning: Council bins	$60.00	Cleaning: Council bins
Lawns and Garden work: not including costs for hedge and tree trimming	$400.00	Lawns and Garden work: not including costs for hedge and tree trimming
Electrical fittings replacement/repair: ONT cable (fibre	$24.99	Electrical fittings replacement/repair: ONT cable (fibre
Repairs: Sliding door, kitchen cabinet, laundry door latch and adjustment	$414.00	Repairs: Sliding door, kitchen cabinet, laundry door latch and adjustment
Filing fee reimbursement	$20.44	Filing fee reimbursement
Three weeks loss of rent	$1,740.00	Three weeks loss of rent
Net award	$2,469.68
Total payable by Tenant to Landlord	$2,469.68

Amy Lee Holden must pay Sinclair Property Group Limited as agent for Milton Joy House Limited $2,469.68 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,100.00 (5350262-002) to Sinclair Property Group Limited as agent for Milton Joy House Limited immediately.

Reasons

Mr Sinclair attended the hearing on behalf of the landlord. The tenant did not attend.

The landlord has applied for compensation, 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 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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs and invoices to show that the property had not been cleaned at the end of the tenancy. The landlord has applied for $557.75 for general cleaning, $60.00 for cleaning of council bins and $352.50 for rubbish removal.

The landlord provided additional photographs and an invoice for $600.00 to prove that the lawns and gardens had not been left in a reasonable condition at the end of the tenancy.

The gardening invoice included hedge trimming and tree trimming up to 2.5 metres. I do not consider that this tenant, who was only living at the property from mid-February 2023, should be liable for hedge trimming or tree trimming to this height, and I have reduced the amount payable to $400.00 accordingly.

The ONT fibre cable was missing at the end of the tenancy and had to be replaced by the landlord at a cost of $24.99.

The amounts ordered are proved.

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 Act.

During the tenancy the front slider door latch, a kitchen cabinet door, the laundry door latch, and the bottom of the laundry door were damaged. The landlord provided photographs both pre and post tenancy to confirm that the damage occurred during the tenancy. The landlord also produced an invoice for the repairs in the amount of $414.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. Compensation for loss of rent

The landlord claimed $2320.00 for four weeks’ loss of rent at the new rent of $580.00 per week.

The landlord gave evidence that the property was unable to be advertised or shown to prospective new tenants during the notice period due to the untidy condition it was in. After the tenancy ended the landlord gave evidence that the property was unable to be marketed until the work detailed above was completed. A new tenant moved into the property on 25 August 2023, a month after the tenancy ended.

I accept that it would not have been possible to show prospective tenants through the property before, or for some time after, the tenancy ended.

I consider that a reasonable landlord could expect to have a week between tenants, at a minimum, to deal with any general maintenance or other issues before a new tenancy commences.

Therefore, I have ordered three weeks’ loss of rent for the completion of the work detailed above, being $1740.00. Filing fee

As Sinclair Property Group Limited as agent for Milton Joy House Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4685269 — net $2,469.68 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$557.75	Cleaning
Rubbish removal	$352.50	Rubbish removal
Cleaning: Council bins	$60.00	Cleaning: Council bins
Lawns and Garden work: not including costs for hedge and tree trimming	$400.00	Lawns and Garden work: not including costs for hedge and tree trimming
Electrical fittings replacement/repair: ONT cable (fibre	$24.99	Electrical fittings replacement/repair: ONT cable (fibre
Repairs: Sliding door, kitchen cabinet, laundry door latch and adjustment	$414.00	Repairs: Sliding door, kitchen cabinet, laundry door latch and adjustment
Filing fee reimbursement	$20.44	Filing fee reimbursement
Three weeks loss of rent	$1,740.00	Three weeks loss of rent
Net award	$2,469.68
Total payable by Tenant to Landlord	$2,469.68

Order

Amy Lee Holden must pay Sinclair Property Group Limited as agent for Milton Joy House Limited $2,469.68 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,100.00 (5350262-002) to Sinclair Property Group Limited as agent for Milton Joy House Limited immediately.

Reasons

Mr Sinclair attended the hearing on behalf of the landlord. The tenant did not attend.
The landlord has applied for compensation, 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 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 under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs and invoices to show that the property had not been cleaned at the end of the tenancy. The landlord has applied for $557.75 for general cleaning, $60.00 for cleaning of council bins and $352.50 for rubbish removal.
The landlord provided additional photographs and an invoice for $600.00 to prove that the lawns and gardens had not been left in a reasonable condition at the end of the tenancy.
The gardening invoice included hedge trimming and tree trimming up to 2.5 metres. I do not consider that this tenant, who was only living at the property from mid-February 2023, should be liable for hedge trimming or tree trimming to this height, and I have reduced the amount payable to $400.00 accordingly.
The ONT fibre cable was missing at the end of the tenancy and had to be replaced by the landlord at a cost of $24.99.
The amounts ordered are proved.

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 Act.
During the tenancy the front slider door latch, a kitchen cabinet door, the laundry door latch, and the bottom of the laundry door were damaged. The landlord provided photographs both pre and post tenancy to confirm that the damage occurred during the tenancy. The landlord also produced an invoice for the repairs in the amount of $414.00. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. Compensation for loss of rent
The landlord claimed $2320.00 for four weeks’ loss of rent at the new rent of $580.00 per week.
The landlord gave evidence that the property was unable to be advertised or shown to prospective new tenants during the notice period due to the untidy condition it was in. After the tenancy ended the landlord gave evidence that the property was unable to be marketed until the work detailed above was completed. A new tenant moved into the property on 25 August 2023, a month after the tenancy ended.
I accept that it would not have been possible to show prospective tenants through the property before, or for some time after, the tenancy ended.
I consider that a reasonable landlord could expect to have a week between tenants, at a minimum, to deal with any general maintenance or other issues before a new tenancy commences.
Therefore, I have ordered three weeks’ loss of rent for the completion of the work detailed above, being $1740.00. Filing fee
As Sinclair Property Group Limited as agent for Milton Joy House Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4685269 — Cleanliness at 15 Haig Place, Woolston, Christchurch 8023

At a glance

Tenancy Tribunal case 4685269 — Cleanliness at 15 Haig Place, Woolston, Christchurch 8023

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions