How much money was awarded in case 4835929?

Cleaning: $30.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord

What type of tenancy dispute was case 4835929?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4835929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10482713-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4835929?

Cleaning: $30.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $172.50 awarded to landlord

What type of tenancy dispute was case 4835929?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4835929?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10482713-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 27A Tainui Street, Somerfield, Christchurch Tenancy Tribunal Case 4835929 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4835929?

The tribunal order states: Jennifer Chapman must pay A1 Property Managers Limited as Agent For Helen

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Order

Claims and awards in Tenancy Tribunal application 4835929 — net $222.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$172.50	Lawns and Garden work
Curtain Cleaning	$30.00	Curtain Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$222.94
Bond	$1,277.14
Total payable by Tenant to Landlord	$222.94

Jennifer Chapman must pay A1 Property Managers Limited as Agent For Helen Hewitt-Kershaw $222.94 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,277.14 (3595778-007) immediately apportioned as follows: A1 Property Managers Limited As Agent For Helen Hewitt-Kershaw: $222.94 Jennifer Chapman: $1,054.20

Reasons

Both parties attended the hearing.

The landlord has applied for compensation from 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 (RTA).

The landlord claimed the cost ($60.00) of cleaning curtains in one bedroom. The curtain backing was left with mould at the end of the tenancy. Miss Chapman said that she did not notice the mould.

Miss Chapman’s position was that she should not be liable for the mould because the room was damp, and she and her flatmate took reasonable steps to ventilate the room. Miss Chapman provided evidence from the flatmate regarding measures taken to ventilate the room and to remove condensation. She also gave evidence (including emails) regarding roof leaks in that room during the tenancy.

The landlord noted the while there were issues with a roof leak, nowhere else in the room was damp or mouldy at the end of the tenancy. Ms McKay said that during inspections, this bedroom was always closed (in contrast to the rest of the house). Miss Chapman also acknowledged that the room was often shut during the day to prevent her dog from entering.

It is possible that the roof leak may have contributed to the mould. There is no evidence as to when the mould occurred during the tenancy. I find it more likely that the mould occurred because the room was shut during the day and not effectively ventilated, despite the flatmate’s efforts.

Given there may be two contributing causes, I have awarded half of the curtain cleaning costs. I consider that is appropriate having regard to s85 RTA.

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. See sections 40(2)(a), 41 and 49B RTA.

The landlord claimed that the lawn was damaged during the tenancy. It claimed $172.50. Ms McKay referred to in-going and out-going photographs of the lawn. She noted that Miss Chapman had a dog at the premises. The areas of damage are consistent with a dog being on the lawn and are more than fair wear and tear.

Miss Chapman disputed the claim she suggested that the damage was flooding related, caused by a lack of drainage and was fair wear and tear. However, she also provided recent photographs of the lawn, after the repair, showing it healthy and consistent with the condition it was in before her tenancy.

The claim for lawn repair is proved.

As the landlord was the substantially successful party, I have also awarded reimbursement of the Tribunal application fee.

Order

Claims and awards in Tenancy Tribunal application 4835929 — net $222.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$172.50	Lawns and Garden work
Curtain Cleaning	$30.00	Curtain Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$222.94
Bond	$1,277.14
Total payable by Tenant to Landlord	$222.94

Jennifer Chapman must pay A1 Property Managers Limited as Agent For Helen Hewitt-Kershaw $222.94 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,277.14 (3595778-007) immediately apportioned as follows: A1 Property Managers Limited As Agent For Helen Hewitt-Kershaw: $222.94 Jennifer Chapman: $1,054.20

Reasons

Both parties attended the hearing.

The landlord has applied for compensation from 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?

The landlord claimed the cost ($60.00) of cleaning curtains in one bedroom. The curtain backing was left with mould at the end of the tenancy. Miss Chapman said that she did not notice the mould.

Given there may be two contributing causes, I have awarded half of the curtain cleaning costs. I consider that is appropriate having regard to s85 RTA.

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. See sections 40(2)(a), 41 and 49B RTA.

The claim for lawn repair is proved.

As the landlord was the substantially successful party, I have also awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4835929 — Cleanliness at Unit/Flat 1, 27A Tainui Street, Somerfield, Christchurch

At a glance

Tenancy Tribunal case 4835929 — Cleanliness at Unit/Flat 1, 27A Tainui Street, Somerfield, Christchurch

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