What was the outcome of Tenancy Tribunal case 4706549?

The tribunal order states: Margaret Marshall to pay Dependable Property Management Limited - As

How much money was awarded in case 4706549?

Cleaning: $79.35 awarded to landlord; Power: $47.47 awarded to landlord

What type of tenancy dispute was case 4706549?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4706549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10093449-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4706549?

The tribunal order states: Margaret Marshall to pay Dependable Property Management Limited - As

How much money was awarded in case 4706549?

Cleaning: $79.35 awarded to landlord; Power: $47.47 awarded to landlord

What type of tenancy dispute was case 4706549?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4706549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10093449-Tribunal_Order.pdf.

Unit/Flat Apartment 304A, 770 Great South Road, Wiri, Tenancy Tribunal Case 4706549 — Cleanliness

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Order

Claims and awards in Tenancy Tribunal application 4706549 — net $126.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Power	$47.47	Power
Carpet Cleaning	$79.35	Carpet Cleaning
Net award	$126.82
Bond	$1,520.00
Total payable by Tenant to Landlord	$126.82

Margaret Marshall to pay Dependable Property Management Limited - As Agent For Don And Iarmencita Mcilvride $126.82 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,520.00 (6397853-007) immediately apportioned as follows: Dependable Property Management Limited - As Agent For Don And Iarmencita Mcilvride: $126.82 Margaret Marshall: $1,393.18

Reasons

Both parties attended the hearing. Mr Colin Marshall represented his mother the tenant at the hearing. Mrs Marshall was present and consented to her son acting on her behalf.

Mr McGregor attended for the landlord.

The landlord has applied for power charges of $130.30, carpet cleaning of $258.00 and reimbursement of the filing fee following the end of the tenancy.

The tenancy ended on 21 August 2023 after the landlord gave the tenant notice that they intended to sell the apartment. The power bill

The tenant accepts that the final power bill has not been paid and is owing but says that she paid a water bill at the beginning of the tenancy of $82.83 directly to Smart Billing Solutions (Ramada Manukau Trust Account). She was then billed for the water by the landlord and paid the landlord as well. The tenant says that the overpayment for the water should be deducted from the amount owing. I agree and therefore award the sum of $47.17 to the landlord being the balance of the final power bill less the overpayment for water. Carpet cleaning

The tenant accepts that the carpet had a small stain which was caused during the tenancy.

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.

I am satisfied that the carpet stain is more than fair wear and tear, I accept that the stain was still visible despite the tenant attempting to remove the stain.

The tenant disputes the amount charged for the removal of stain. The tenant says that invoice states that it includes “general carpet cleaning – up to 25 sq metres”. The tenant says that the landlord had the whole carpet in the apartment cleaned, as the landlord was selling the apartment. The landlord’s agent disputes this, he says that the narration on the invoice is a minimum charge.

The invoice plainly says that it is minimum charge and that it includes carpet cleaning up to 25 metres and ‘stains and spots’ this indicates that the whole carpet was cleaned, as the specific spot had a specific narration relating to the stain removal.

I am satisfied that the tenant should pay the costs of the specific stain removal of $69.00 plus GST making a total of $79.35.

As the landlord has only been partly successful, I have decided not to award the filing fee (see s102 RTA). This is because the tenant has now waited six months for her bond as a result of these claims. The landlord should have released the undisputed portion of the bond to her.

Order

Claims and awards in Tenancy Tribunal application 4706549 — net $126.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Power	$47.47	Power
Carpet Cleaning	$79.35	Carpet Cleaning
Net award	$126.82
Bond	$1,520.00
Total payable by Tenant to Landlord	$126.82

Margaret Marshall to pay Dependable Property Management Limited - As Agent For Don And Iarmencita Mcilvride $126.82 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing. Mr Colin Marshall represented his mother the tenant at the hearing. Mrs Marshall was present and consented to her son acting on her behalf.

Mr McGregor attended for the landlord.

The landlord has applied for power charges of $130.30, carpet cleaning of $258.00 and reimbursement of the filing fee following the end of the tenancy.

The tenancy ended on 21 August 2023 after the landlord gave the tenant notice that they intended to sell the apartment. The power bill

The tenant accepts that the carpet had a small stain which was caused during the tenancy.

I am satisfied that the carpet stain is more than fair wear and tear, I accept that the stain was still visible despite the tenant attempting to remove the stain.

I am satisfied that the tenant should pay the costs of the specific stain removal of $69.00 plus GST making a total of $79.35.

Tenancy Tribunal case 4706549 — Cleanliness at Unit/Flat Apartment 304A, 770 Great South Road, Wiri,

At a glance

Tenancy Tribunal case 4706549 — Cleanliness at Unit/Flat Apartment 304A, 770 Great South Road, Wiri,

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