What was the outcome of Tenancy Tribunal case 4740509?

The tribunal order states: Jack Alexander Sherson, Jordan Smyth and Hamish Zynal Mohammed to pay

How much money was awarded in case 4740509?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4740509?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4740509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10079153-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4740509?

The tribunal order states: Jack Alexander Sherson, Jordan Smyth and Hamish Zynal Mohammed to pay

How much money was awarded in case 4740509?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4740509?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4740509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10079153-Tenancy_Tribunal_Order.pdf.

11 Jellicoe Road, Murrays Bay, Auckland 0630 Tenancy Tribunal Case 4740509 — Cleanliness

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Order

Claims and awards in Tenancy Tribunal application 4740509 — net $420.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$420.44
Bond	$1,050.00
Total payable by Tenant to Landlord	$420.44

Jack Alexander Sherson, Jordan Smyth and Hamish Zynal Mohammed to pay Udy Realty Limited As Agent For Richard Jenkins $420.44 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,050.00 (3012150-017) immediately apportioned as follows: Udy Realty Limited As Agent For Richard Jenkins: $420.44 Jack Alexander Sherson, Jordan Smyth and Hamish Zynal Mohammed: $629.56

Reasons

Both parties attended the hearing.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord produced photographs showing that some areas were not reasonably clean when the tenancy ended. I refer to the soap shelf in the shower, the shower rose, the bathroom cabinet, the mantel piece, the laundry floor, the extractor fan, the cutlery drawer, some of the windowsills and some window frames. There are also photographs of the curtains which have mould on the backside, but the landlord says that she cleaned these, and they are not part of the claim.

There is an invoice from a commercial cleaning company which lists the work carried out to clean the premises.

The tenant states that some of the things listed in the invoice were already reasonably clean and therefore they should not be liable for all the cost. The tenant also states that some of the cleaning was required due to the mould which they say was a problem in the premises.

While the invoice refers to cleaning other areas that I have not listed above I do not consider that the invoice is unreasonable. For a house of this size and for the issues that I have listed above I consider that the amount charged is reasonable. That amount is ordered. Damaged vinyl

The landlord claims that the tenants damaged the vinyl floor in the kitchen. A photograph has been produced showing a scratch in the vinyl. There is only a close photograph, so I am unable to determine the location of the scratch within the kitchen. The tenants say that the scratch is in the centre of the kitchen.

The landlord was not able to produce a photograph of the area prior to the tenancy.

The tenants acknowledge the presence of the scratch but say that the scratch was there for most of the tenancy, and they noticed it early on. The landlord noticed it three months before the end of the tenancy during an inspection.

The landlord seeks that the tenants pay the insurance excess of $650.00 for a claim that will be lodged in the future as the premises have been re-tenanted.

The onus is on the landlord to establish that the damage was caused during the tenancy and is more than fair wear and tear. Unfortunately, as the landlord was not able to produce a before tenancy photograph it has not proved that the damage occurred during the tenancy. The claim therefore fails and is dismissed.

Because Udy Realty Limited As Agent For Richard Jenkins has substantially succeeded with the claim I have reimbursed the filing fee.

Order

Claims and awards in Tenancy Tribunal application 4740509 — net $420.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$420.44
Bond	$1,050.00
Total payable by Tenant to Landlord	$420.44

Jack Alexander Sherson, Jordan Smyth and Hamish Zynal Mohammed to pay Udy Realty Limited As Agent For Richard Jenkins $420.44 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing.

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?

There is an invoice from a commercial cleaning company which lists the work carried out to clean the premises.

The landlord was not able to produce a photograph of the area prior to the tenancy.

The landlord seeks that the tenants pay the insurance excess of $650.00 for a claim that will be lodged in the future as the premises have been re-tenanted.

Because Udy Realty Limited As Agent For Richard Jenkins has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4740509 — Cleanliness at 11 Jellicoe Road, Murrays Bay, Auckland 0630

At a glance

Tenancy Tribunal case 4740509 — Cleanliness at 11 Jellicoe Road, Murrays Bay, Auckland 0630

At a glance

Award balance

Claims & awards

Order

Reasons

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

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?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions