What was the outcome of Tenancy Tribunal case 4775740?

The tribunal order states: Glen Lowther must pay Barfoot & Thompson Limited $1,027.61 immediately,

How much money was awarded in case 4775740?

Cleaning: $235.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $771.42 awarded to landlord

What type of tenancy dispute was case 4775740?

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

Where can I read the official tribunal order for case 4775740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10375694-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4775740?

The tribunal order states: Glen Lowther must pay Barfoot & Thompson Limited $1,027.61 immediately,

How much money was awarded in case 4775740?

Cleaning: $235.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $771.42 awarded to landlord

What type of tenancy dispute was case 4775740?

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

Where can I read the official tribunal order for case 4775740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10375694-Tenancy_Tribunal_Order.pdf.

5 Eric Farley Drive, Kumeu, Kumeu 0810 Tenancy Tribunal Case 4775740 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4775740 — net $1,027.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears – 9.12.2023 to 14.12.2023	$771.42	Rent arrears – 9.12.2023 to 14.12.2023
Cleaning & carpet cleaning	$235.75	Cleaning & carpet cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,027.61
Total payable by Tenant to Landlord	$1,027.61

Ms Marchant attended the teleconference hearing on behalf of the landlord. The phone number for the tenant, Mr Lowther, the last three digits being 555, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in his absence.

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

How much is owed for rent?

The landlord made an earlier application #4720669, which resulted in a Tribunal order dated 1 December 2023, terminating the tenancy and ordering payment of rent arrears to the end of the tenancy, which in the order was 8 December 2023.

The landlord said the tenancy actually ended on 14 December 2023. The landlord sought rent arrears from 9 December 2023 to 14 December 2023, which was the time the tenant continued to live at the property, after the rent arrears accounted for in the Tribunal order dated 1 December 2023 in application #4720669. Weekly rent was $900.00 so daily rent was $128.57. A further 6 days’ rent @ $128.57 is payable from 9 December 2023 to 14 December 2023, which comes to $771.42. Therefore, the tenant owes the landlord a further $771.42, on top of the rent arrears dealt with in the Tribunal order dated 1 December 2023 in application #4720669. I do not incorporate the earlier Tribunal order in application #4720669 in this order.

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 said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided the entry inspection report and photographs, along with photographs taken of the condition of the property at the end of the tenancy. The kitchen and bathroom particularly were very dirty, with a oven, fridge and multiple other surfaces covered with stains and dirt and grease. The landlord said there were multiple pet urine stains on the carpet, which smelled also. The landlord provided an invoice from a cleaner who cleaned the whole property and treated the urine stains on the carpet. The cleaner’s invoice came to $575.00 but the landlord was only claiming $235.75 of this cost, being $105.00 for treating the carpet stains, $100.00 towards the cleaning, plus GST. I find this to be a very reasonable amount, given the level of cleaning that was required and award this to the landlord.

The landlord also claimed $170.00 for water blasting the deck at the end of the tenancy and provided photographs of the deck at the start and end of the tenancy, as well as an invoice from Crikey Contracting Services, who water blasted the deck. The contractor noted that the deck had not been stained, which would not have protected it from any marks. The photographs of the deck at the end of the tenancy are of a couple of marks left by a doormat and likely from a table that had been on the deck. Given the deck had not been stained or protected by the landlord and that the marks left were the result of reasonable wear and tear on the deck, I decline to award the cost of water blasting the deck. This claim is dismissed. Filing fee

As the landlord has been successful in the claim, I reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4775740 — net $1,027.61 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears – 9.12.2023 to 14.12.2023	$771.42	Rent arrears – 9.12.2023 to 14.12.2023
Cleaning & carpet cleaning	$235.75	Cleaning & carpet cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,027.61
Total payable by Tenant to Landlord	$1,027.61

Order

Glen Lowther must pay Barfoot & Thompson Limited $1,027.61 immediately, calculated as shown in table below:
All other claims are dismissed.

Reasons

Ms Marchant attended the teleconference hearing on behalf of the landlord. The phone number for the tenant, Mr Lowther, the last three digits being 555, was called twice. Both calls went to voicemail. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord made an earlier application #4720669, which resulted in a Tribunal order dated 1 December 2023, terminating the tenancy and ordering payment of rent arrears to the end of the tenancy, which in the order was 8 December 2023.
The landlord said the tenancy actually ended on 14 December 2023. The landlord sought rent arrears from 9 December 2023 to 14 December 2023, which was the time the tenant continued to live at the property, after the rent arrears accounted for in the Tribunal order dated 1 December 2023 in application #4720669. Weekly rent was $900.00 so daily rent was $128.57. A further 6 days’ rent @ $128.57 is payable from 9 December 2023 to 14 December 2023, which comes to $771.42. Therefore, the tenant owes the landlord a further $771.42, on top of the rent arrears dealt with in the Tribunal order dated 1 December 2023 in application #4720669. I do not incorporate the earlier Tribunal order in application #4720669 in this order.

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 said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided the entry inspection report and photographs, along with photographs taken of the condition of the property at the end of the tenancy. The kitchen and bathroom particularly were very dirty, with a oven, fridge and multiple other surfaces covered with stains and dirt and grease. The landlord said there were multiple pet urine stains on the carpet, which smelled also. The landlord provided an invoice from a cleaner who cleaned the whole property and treated the urine stains on the carpet. The cleaner’s invoice came to $575.00 but the landlord was only claiming $235.75 of this cost, being $105.00 for treating the carpet stains, $100.00 towards the cleaning, plus GST. I find this to be a very reasonable amount, given the level of cleaning that was required and award this to the landlord.
The landlord also claimed $170.00 for water blasting the deck at the end of the tenancy and provided photographs of the deck at the start and end of the tenancy, as well as an invoice from Crikey Contracting Services, who water blasted the deck. The contractor noted that the deck had not been stained, which would not have protected it from any marks. The photographs of the deck at the end of the tenancy are of a couple of marks left by a doormat and likely from a table that had been on the deck. Given the deck had not been stained or protected by the landlord and that the marks left were the result of reasonable wear and tear on the deck, I decline to award the cost of water blasting the deck. This claim is dismissed. Filing fee
As the landlord has been successful in the claim, I reimburse the filing fee.

Tenancy Tribunal case 4775740 — Rent arrears at 5 Eric Farley Drive, Kumeu, Kumeu 0810

At a glance

Tenancy Tribunal case 4775740 — Rent arrears at 5 Eric Farley Drive, Kumeu, Kumeu 0810

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Dismissed claims

Order

Reasons

How much is owed for rent?

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