What was the outcome of Tenancy Tribunal case 4839102?

The tribunal order states: Dianne Best to pay My Rental Specialists Limited As Agent For S Wang

How much money was awarded in case 4839102?

Application Fee: $20.44 awarded to landlord; Cleaning: $540.75 awarded to landlord; Cleaning: $569.25 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Rent Credit: $148.75 awarded to tenant; Rubbish Removal: $375.00 awarded to landlord

What type of tenancy dispute was case 4839102?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4839102?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10518737-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4839102?

The tribunal order states: Dianne Best to pay My Rental Specialists Limited As Agent For S Wang

How much money was awarded in case 4839102?

Application Fee: $20.44 awarded to landlord; Cleaning: $540.75 awarded to landlord; Cleaning: $569.25 awarded to landlord; Lawns and Garden Work: $50.00 awarded to landlord; Rent Credit: $148.75 awarded to tenant; Rubbish Removal: $375.00 awarded to landlord

What type of tenancy dispute was case 4839102?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4839102?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10518737-Tenancy_Tribunal_Order.pdf.

42 Rowley Avenue, Hoon Hay, Christchurch 8025 Tenancy Tribunal Case 4839102 — Cleanliness

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42 Rowley Avenue, Hoon Hay, Christchurch 8025 Tenancy Tribunal Case 4839102 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4839102 — net $1,406.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$540.75		Cleaning
Lawns and Garden work	$50.00		Lawns and Garden work
Rubbish removal	$375.00		Rubbish removal
Meth testing/Cleaning	$569.25		Meth testing/Cleaning
Application Fee	$20.44		Application Fee
Rent credit		$148.75	Rent credit
Total award	$1,555.44	$148.75
Net award	$1,406.69
Total payable by Tenant to Landlord	$1,406.69

Claims and awards for application 4839102 — net $1,406.69 NZD. Verify on MoJ.

Cleaning

Amount: $540.75
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $50.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $375.00
Awarded to: Landlord
Reason: Rubbish removal

Meth testing/Cleaning

Amount: $569.25
Awarded to: Landlord
Reason: Meth testing/Cleaning

Application Fee

Amount: $20.44
Awarded to: Landlord
Reason: Application Fee

Rent credit

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rubbish Removal

Order

Dianne Best to pay My Rental Specialists Limited As Agent For S Wang $1,386.25 from the bond, calculated as shown in table below.
The landlord’s other claims are dismissed.
The Bond Centre is to pay the bond of $2,120.00 (3151391-008) immediately apportioned as follows: My Rental Specialists Limited As Agent For S Wang: $1,406.69 Dianne Best: $7133.31

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs of the property at the end of the tenancy and receipts.
The tenant disputed some of the amounts claimed and the landlord acknowledged that a bin was full at the start of the tenancy, the laundry was not clean and some of the exterior gardening was untidy. I have made deductions from the amounts claimed to reflect those issues. I did not award the cost of window cleaning as the evidence did not establish that that was required.
The amounts ordered are proved.

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. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord claimed that some wall damage was caused during the tenancy. The evidence in relation to this was sparse. One of the areas claimed (behind the bathroom door) was already patched (but not properly repaired) at the start of the tenancy. It seems that the damage keeps recurring because there is no doorstop.
The landlord did not establish that repairs were required as a result of any breach of the tenant’s obligations. Those claims are dismissed.
The landlord also claimed reimbursement of a methamphetamine test which was carried out at the tenant’s request, after she had suspicions that a guest she had at the property was using methamphetamine.
The tenant had agreed to meet the cost of the testing. She had been making payments toward those costs, but the landlord had applied all payments to the rent. The landlord provided a rent ledger which showed that the rent was in credit at the end of the tenancy. I have awarded the amount of the methamphetamine test and applied the rent credit in order 1 above.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal application fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4839102 — net $1,406.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$540.75		Cleaning
Lawns and Garden work	$50.00		Lawns and Garden work
Rubbish removal	$375.00		Rubbish removal
Meth testing/Cleaning	$569.25		Meth testing/Cleaning
Application Fee	$20.44		Application Fee
Rent credit		$148.75	Rent credit
Total award	$1,555.44	$148.75
Net award	$1,406.69
Total payable by Tenant to Landlord	$1,406.69

Claims and awards for application 4839102 — net $1,406.69 NZD. Verify on MoJ.

Cleaning

Amount: $540.75
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $50.00
Awarded to: Landlord
Reason: Lawns and Garden work

Rubbish removal

Amount: $375.00
Awarded to: Landlord
Reason: Rubbish removal

Meth testing/Cleaning

Amount: $569.25
Awarded to: Landlord
Reason: Meth testing/Cleaning

Application Fee

Amount: $20.44
Awarded to: Landlord
Reason: Application Fee

Rent credit

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rubbish Removal

Order

Dianne Best to pay My Rental Specialists Limited As Agent For S Wang $1,386.25 from the bond, calculated as shown in table below.
The landlord’s other claims are dismissed.
The Bond Centre is to pay the bond of $2,120.00 (3151391-008) immediately apportioned as follows: My Rental Specialists Limited As Agent For S Wang: $1,406.69 Dianne Best: $7133.31

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs of the property at the end of the tenancy and receipts.
The tenant disputed some of the amounts claimed and the landlord acknowledged that a bin was full at the start of the tenancy, the laundry was not clean and some of the exterior gardening was untidy. I have made deductions from the amounts claimed to reflect those issues. I did not award the cost of window cleaning as the evidence did not establish that that was required.
The amounts ordered are proved.

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. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord claimed that some wall damage was caused during the tenancy. The evidence in relation to this was sparse. One of the areas claimed (behind the bathroom door) was already patched (but not properly repaired) at the start of the tenancy. It seems that the damage keeps recurring because there is no doorstop.
The landlord did not establish that repairs were required as a result of any breach of the tenant’s obligations. Those claims are dismissed.
The landlord also claimed reimbursement of a methamphetamine test which was carried out at the tenant’s request, after she had suspicions that a guest she had at the property was using methamphetamine.
The tenant had agreed to meet the cost of the testing. She had been making payments toward those costs, but the landlord had applied all payments to the rent. The landlord provided a rent ledger which showed that the rent was in credit at the end of the tenancy. I have awarded the amount of the methamphetamine test and applied the rent credit in order 1 above.
As the landlord was substantially successful, I have awarded reimbursement of the Tribunal application fee.

Tenancy Tribunal case 4839102 — Cleanliness at 42 Rowley Avenue, Hoon Hay, Christchurch 8025

At a glance

Tenancy Tribunal case 4839102 — Cleanliness at 42 Rowley Avenue, Hoon Hay, Christchurch 8025

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