What was the outcome of Tenancy Tribunal case 5007728?

The tribunal order states: Peter Ashton must pay Grenadier Rent Shop Limited as Agent for Richard

How much money was awarded in case 5007728?

Cleaning: $700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $259.98 awarded to landlord; Rent Arrears: $2,045.71 awarded to landlord; Rubbish Removal: $2,095.00 awarded to landlord; Warrant Fee: $258.00 awarded to landlord

What type of tenancy dispute was case 5007728?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5007728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11021674-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5007728?

The tribunal order states: Peter Ashton must pay Grenadier Rent Shop Limited as Agent for Richard

How much money was awarded in case 5007728?

Cleaning: $700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $259.98 awarded to landlord; Rent Arrears: $2,045.71 awarded to landlord; Rubbish Removal: $2,095.00 awarded to landlord; Warrant Fee: $258.00 awarded to landlord

What type of tenancy dispute was case 5007728?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 5007728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11021674-Tenancy_Tribunal_Order.pdf.

12A Karnak Crescent, Russley, Christchurch 8042 Tenancy Tribunal Case 5007728 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5007728 — net $3,525.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 August 2024	$2,045.71	Rent arrears to 20 August 2024
Rubbish removal	$2,095.00	Rubbish removal
Lock/key replacement	$259.98	Lock/key replacement
Cleaning	$700.00	Cleaning
Warrant fee	$258.00	Warrant fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,525.69
Total payable by Tenant to Landlord	$3,525.69

Peter Ashton must pay Grenadier Rent Shop Limited as Agent for Richard James and Nicola Brownlee $3,525.69 immediately, calculated as shown in the table below.

The landlords’ claims are otherwise dismissed.

The Bond Centre is to pay the bond of $1,860.00 (5960324-004) to Grenadier Rent Shop Limited as Agent for Richard James and Nicola Brownlee immediately.

This order incorporates the money award made in the Tribunal’s order made on 2 August 2024 under application 4902676.

Reasons

Mr Toa attended the hearing for the landlords. The tenant did not attend.

The landlord has applied for rent arrears, compensation, exemplary damages, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent

The tenancy ended following default by the tenant under a conditional termination order made by the Tribunal on 2 August 2024. The landlord obtained possession of the premises on 20 August when the order was enforced under a warrant of possession. The landlord provided rent records to prove the amount owing when possession was returned to the landlord. The Tenant’s Other Obligations

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.

The tenant must not carelessly or intentionally damage 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 cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.

Applicants are required to prove their claims to the civil standard of the balance of probabilities. That means proving that the facts required to prove the claims are more likely than not to be true. Where a claim also involves a criminal offence, the standard of proof does not change, but the evidence needed to meet the standard of proof is greater because the conduct involved is inherently less likely. Claims

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The tenant did not return the keys.

The amounts ordered for rubbish removal and lock changing were proved by the production photographs and invoices.

There are claims that arise from a claim that the premises were contaminated by methamphetamine (meth) during the tenancy. The premises were tested for meth after the tenancy ended and the result showed contamination above the level at which the Tribunal accepts that harm to human health may result from the contamination (15μg/100cm²).

But there was no ingoing meth test and so the end of tenancy test result does not prove that the contamination was due to meth use in the premises during tenancy.

The landlords were not able to produce any other evidence of meth use during the tenancy and so the meth related claims (decontamination, loss of rent and exemplary damages) must be dismissed.

Although the necessary decontamination would largely subsume the cost of cleaning the premises arising from the condition in which the tenant left them, it accords with the substantial merits and justice of the case that the landlord should be compensated for the estimated cost of cleaning that would have been required in any event.

The premises needed a substantial amount of cleaning to bring them to a reasonably clean and tidy standard and a reasonable estimate of the cost of the cleaning is $700. I have therefore awarded that amount for cleaning.

I have also awarded the fee for the warrant of possession that is payable under the previous order for ease of enforcement.

The landlord has had substantial success and so I have awarded the filing fee.

Claims and awards in Tenancy Tribunal application 5007728 — net $3,525.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 August 2024	$2,045.71	Rent arrears to 20 August 2024
Rubbish removal	$2,095.00	Rubbish removal
Lock/key replacement	$259.98	Lock/key replacement
Cleaning	$700.00	Cleaning
Warrant fee	$258.00	Warrant fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,525.69
Total payable by Tenant to Landlord	$3,525.69

Order

Peter Ashton must pay Grenadier Rent Shop Limited as Agent for Richard James and Nicola Brownlee $3,525.69 immediately, calculated as shown in the table below.
The landlords’ claims are otherwise dismissed.
The Bond Centre is to pay the bond of $1,860.00 (5960324-004) to Grenadier Rent Shop Limited as Agent for Richard James and Nicola Brownlee immediately.
This order incorporates the money award made in the Tribunal’s order made on 2 August 2024 under application 4902676.

Reasons

Mr Toa attended the hearing for the landlords. The tenant did not attend.
The landlord has applied for rent arrears, compensation, exemplary damages, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenancy ended following default by the tenant under a conditional termination order made by the Tribunal on 2 August 2024. The landlord obtained possession of the premises on 20 August when the order was enforced under a warrant of possession. The landlord provided rent records to prove the amount owing when possession was returned to the landlord. The Tenant’s Other Obligations
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish and return all keys and security devices.
The tenant must not carelessly or intentionally damage 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 cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.
Applicants are required to prove their claims to the civil standard of the balance of probabilities. That means proving that the facts required to prove the claims are more likely than not to be true. Where a claim also involves a criminal offence, the standard of proof does not change, but the evidence needed to meet the standard of proof is greater because the conduct involved is inherently less likely. Claims
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The tenant did not return the keys.
The amounts ordered for rubbish removal and lock changing were proved by the production photographs and invoices.
There are claims that arise from a claim that the premises were contaminated by methamphetamine (meth) during the tenancy. The premises were tested for meth after the tenancy ended and the result showed contamination above the level at which the Tribunal accepts that harm to human health may result from the contamination (15μg/100cm²).
But there was no ingoing meth test and so the end of tenancy test result does not prove that the contamination was due to meth use in the premises during tenancy.
The landlords were not able to produce any other evidence of meth use during the tenancy and so the meth related claims (decontamination, loss of rent and exemplary damages) must be dismissed.
Although the necessary decontamination would largely subsume the cost of cleaning the premises arising from the condition in which the tenant left them, it accords with the substantial merits and justice of the case that the landlord should be compensated for the estimated cost of cleaning that would have been required in any event.
The premises needed a substantial amount of cleaning to bring them to a reasonably clean and tidy standard and a reasonable estimate of the cost of the cleaning is $700. I have therefore awarded that amount for cleaning.
I have also awarded the fee for the warrant of possession that is payable under the previous order for ease of enforcement.
The landlord has had substantial success and so I have awarded the filing fee.

Tenancy Tribunal case 5007728 — Rent arrears at 12A Karnak Crescent, Russley, Christchurch 8042

At a glance

Tenancy Tribunal case 5007728 — Rent arrears at 12A Karnak Crescent, Russley, Christchurch 8042

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions