What was the outcome of Tenancy Tribunal case 4742311?

The tribunal order states: Dawn Lomas and Dean Gibbs must pay Chnz Property Limited As Agent For

How much money was awarded in case 4742311?

Cleaning: $253.00 awarded to landlord; Cleaning: $61.33 awarded to landlord; Cleaning: $285.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $600.00 awarded to landlord; Pest Control: $517.50 awarded to landlord; Rent Arrears: $4,828.57 awarded to landlord; Water Rates: $344.43 awarded to landlord

What type of tenancy dispute was case 4742311?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4742311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10295025-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4742311?

The tribunal order states: Dawn Lomas and Dean Gibbs must pay Chnz Property Limited As Agent For

How much money was awarded in case 4742311?

Cleaning: $253.00 awarded to landlord; Cleaning: $61.33 awarded to landlord; Cleaning: $285.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $600.00 awarded to landlord; Pest Control: $517.50 awarded to landlord; Rent Arrears: $4,828.57 awarded to landlord; Water Rates: $344.43 awarded to landlord

What type of tenancy dispute was case 4742311?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4742311?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10295025-Tenancy_Tribunal_Order.pdf.

28A Rangitoto Terrace, Milford, Auckland 0620 Tenancy Tribunal Case 4742311 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4742311 — net $3,111.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 19 October 2023	$4,828.57	Rent arrears (to 19 October 2023
Water rates (to 19 October 2023	$344.43	2. The landlord has applied for rent and water rate arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the ten…
Pest control: (Flea treatment x1 and pest control outside	$517.50	Pest control: (Flea treatment x1 and pest control outside
Garden tidy up	$600.00	Garden tidy up
Carpet Cleaning	$253.00	Carpet Cleaning
Window cleaning and deck glass	$61.33	Window cleaning and deck glass
Cleaning: (interior house clean	$285.75	Cleaning: (interior house clean
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,111.02
Total payable by Tenant to Landlord	$3,111.02

Dawn Lomas and Dean Gibbs must pay Chnz Property Limited As Agent For Dynasty Limited $3,111.02 immediately, calculated as shown in table below (“the debt”).

The Bond Centre is to pay the bond of $3,800.00 (3499999-006) to Chnz Property Limited As Agent For Dynasty Limited immediately.

The tenants must repay the debt as follows: a. By 31 fortnightly payments of $100.00; and b. A final payment of $11.02; c. Payments will be every second Thursday, with the first payment on 16/05/2024 and continuing until 26/12/2024.

Payments will be allocated in the following order: rent arrears, water rates arrears, other vacated damages compensation and the filing fee.

If the tenants fail to pay any of the debt repayments within 2 working days of the due dates, the full amount of the remaining debt will fall due immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for rent and water rate arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Having heard the evidence, I am satisfied the parties have come to a mutually acceptable repayment arrangement and that the tenants will pay the debt within the period specified in the order, or preferably earlier if their circumstances allow.

How much is owed for rent and water rates?

The tenancy ended on 19 October 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

The tenants has made repayment of $1,100.00 off the rent arrears, which were $5,928.57 at the date of the landlord’s application to the Tribunal, being 16 November 2023.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

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

The landlord made a claim for $517.50 for home interior cleaning. The tenants provided an invoice for $800.00 that proves that she paid for a full interior clean of the property by a cleaning company. The exit inspection report shows that the blinds, some shelves and some walls required cleaning, so I have awarded half of the landlord’s interior cleaning costs sought.

The landlord proved the house was infested with fleas at the end of the tenancy. The landlord has claimed for two separate flea treatments inside the house and one exterior pest control. The landlord also claims that these three pest control treatments were after having flea bombed the house and that all these flea treatments still did not kill the fleas. The tenants claim their animals are all flea treated regularly and they have no issues with fleas in their new flat. I am satisfied that the landlord should be reimbursed for one flea treatment inside and one externally. I do not accept, based on the tenant’s evidence, that three internal flea treatments were required to get the house back to a reasonably clean and tidy condition. I have awarded the landlord $287.50 for the internal flea treatment and $230.00 for the external pest control.

I have reviewed the entry and inspection photos and do not accept the interior windows required cleaning to get them back to a reasonably clean standard. I am satisfied that the deck glass panes required cleaning and have awarded a third of the window cleaning costs to cover this.

The amounts ordered are proved. Reimbursement of filing fee

Because Chnz Property Limited As Agent For Dynasty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4742311 — net $3,111.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 19 October 2023	$4,828.57	Rent arrears (to 19 October 2023
Water rates (to 19 October 2023	$344.43	2. The landlord has applied for rent and water rate arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the ten…
Pest control: (Flea treatment x1 and pest control outside	$517.50	Pest control: (Flea treatment x1 and pest control outside
Garden tidy up	$600.00	Garden tidy up
Carpet Cleaning	$253.00	Carpet Cleaning
Window cleaning and deck glass	$61.33	Window cleaning and deck glass
Cleaning: (interior house clean	$285.75	Cleaning: (interior house clean
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,111.02
Total payable by Tenant to Landlord	$3,111.02

Order

Dawn Lomas and Dean Gibbs must pay Chnz Property Limited As Agent For Dynasty Limited $3,111.02 immediately, calculated as shown in table below (“the debt”).
The Bond Centre is to pay the bond of $3,800.00 (3499999-006) to Chnz Property Limited As Agent For Dynasty Limited immediately.
The tenants must repay the debt as follows: a. By 31 fortnightly payments of $100.00; and b. A final payment of $11.02; c. Payments will be every second Thursday, with the first payment on 16/05/2024 and continuing until 26/12/2024.
Payments will be allocated in the following order: rent arrears, water rates arrears, other vacated damages compensation and the filing fee.
If the tenants fail to pay any of the debt repayments within 2 working days of the due dates, the full amount of the remaining debt will fall due immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent and water rate arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
Having heard the evidence, I am satisfied the parties have come to a mutually acceptable repayment arrangement and that the tenants will pay the debt within the period specified in the order, or preferably earlier if their circumstances allow.

How much is owed for rent and water rates?

The tenancy ended on 19 October 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenants has made repayment of $1,100.00 off the rent arrears, which were $5,928.57 at the date of the landlord’s application to the Tribunal, being 16 November 2023.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenants did not leave all the premises reasonably clean and tidy.
The landlord made a claim for $517.50 for home interior cleaning. The tenants provided an invoice for $800.00 that proves that she paid for a full interior clean of the property by a cleaning company. The exit inspection report shows that the blinds, some shelves and some walls required cleaning, so I have awarded half of the landlord’s interior cleaning costs sought.
The landlord proved the house was infested with fleas at the end of the tenancy. The landlord has claimed for two separate flea treatments inside the house and one exterior pest control. The landlord also claims that these three pest control treatments were after having flea bombed the house and that all these flea treatments still did not kill the fleas. The tenants claim their animals are all flea treated regularly and they have no issues with fleas in their new flat. I am satisfied that the landlord should be reimbursed for one flea treatment inside and one externally. I do not accept, based on the tenant’s evidence, that three internal flea treatments were required to get the house back to a reasonably clean and tidy condition. I have awarded the landlord $287.50 for the internal flea treatment and $230.00 for the external pest control.
I have reviewed the entry and inspection photos and do not accept the interior windows required cleaning to get them back to a reasonably clean standard. I am satisfied that the deck glass panes required cleaning and have awarded a third of the window cleaning costs to cover this.
The amounts ordered are proved. Reimbursement of filing fee
Because Chnz Property Limited As Agent For Dynasty Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4742311 — Rent arrears at 28A Rangitoto Terrace, Milford, Auckland 0620

At a glance

Tenancy Tribunal case 4742311 — Rent arrears at 28A Rangitoto Terrace, Milford, Auckland 0620

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

How much is owed for rent and water rates?

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