What was the outcome of Tenancy Tribunal case 5027842?

The tribunal order states: Laura Johnson to pay Guy Francis and Antoinette Francis $1,560.00 from the

How much money was awarded in case 5027842?

Cleaning: $255.00 awarded to landlord; Packing Storage And Delivery Of Tena…: $750.00 awarded to landlord; Pest Control: $155.00 awarded to landlord; Property Damage: $400.00 awarded to landlord

What type of tenancy dispute was case 5027842?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5027842?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12213848-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5027842?

The tribunal order states: Laura Johnson to pay Guy Francis and Antoinette Francis $1,560.00 from the

How much money was awarded in case 5027842?

Cleaning: $255.00 awarded to landlord; Packing Storage And Delivery Of Tena…: $750.00 awarded to landlord; Pest Control: $155.00 awarded to landlord; Property Damage: $400.00 awarded to landlord

What type of tenancy dispute was case 5027842?

The primary dispute was Property damage. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5027842?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12213848-Tribunal_Order.pdf.

Unit/Flat G08, 45 Union Street, Auckland Central, Auckland Tenancy Tribunal Case 5027842 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 5027842 — net $1,560.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$255.00	Cleaning
Packing storage and delivery of tenant's belongings	$750.00	Packing storage and delivery of tenant's belongings
Pest control: Flea bomb	$155.00	Pest control: Flea bomb
Repairs: Carpet - insurance excess	$400.00	Repairs: Carpet - insurance excess
Net award	$1,560.00
Bond	$1,560.00
Total payable by Tenant to Landlord	$1,560.00

The landlord filed this claim in the Tribunal in October 2024 after the tenancy ended on the 2 May 2024.

As the tenancy had ended more than 2 months before the application was filed, the landlord, at the time that they filed, was unable to use an email address as an address for service.

On the 23 January 2025 the Tribunal asked the landlord to provide the Tribunal with a current service address and returned the application to tenancy Services.

On the 30 January 2025 the Residential Tenancies Act 1986 was amended to allow for service of applications filed within two years of the tenancy ending to be made on email addresses given to the landlord as an address for service. See s91A(2)(e) RTA.

This means that the landlord can use the tenant’s email address lauracatherinejohnson2@gmail.com as an address for service because that is an address she provided as an address for service in the tenancy agreement.

I am satisfied that this claim and the relevant documents have been served on the tenant at her email address and therefore I can proceed to hear the application.

The landlords are seeking the following: a. Insurance excess for carpet staining $400.00 b. Cleaning $255.00 c. Packing and storing and delivering the tenant’s belongings to her $590.00 d. Flea bomb $155.00 e. Time spent $180.00

The tenant was one of two joint tenants. The tenancy ended on the 2 May 2024 after the tenants gave notice.

The landlord went to the property to conduct an inspection on the 2 May and noticed all of the tenant’s belongings in the property, and also a large red stain in the tenant’s bedroom. The landlord’s texted the tenant asking her to come and collect her belongings. They did not get a response.

The landlords had new tenants coming into the property on the 4 May 2024. As they had not had any response from the tenant, despite sending text messages and emails and trying to call her, they had to pack up her items and take them to their home to store them.

The landlord says that the tenant eventually made contact and they were able to give her belongings back to her about a week later. They had to drive the tenant’s belongings to her in the city (the landlords live out of the city).

At the end of the tenancy a tenant must quit the premises and remove all their belongings and leave the premises in a reasonably clean and tidy condition. I am satisfied that the tenant did not remove all her belongings, nor leave the property in a reasonably clean and tidy condition and therefore was in breach of s40(1)(e)(ii) and (iii).

Compensation should restore the party to the position that they would have been in had the breach not occurred. I am satisfied that $1005 should be awarded for this breach this amount takes into time the landlords spent in packing, storing and arranging delivery of the tenant’s items, cleaning the tenant’s room and transportation costs of transporting the goods.

A few days after the new tenants moved in they told the landlord that the place had fleas. The landlord purchased a flea bomb. I am satisfied that it is more than likely that the tenant’s dog, that had been at the property, was the cause of the fleas and award the landlord the cost of the flea treatment.

The landlord had visited the property only a few weeks before the tenancy ended. The carpet in the tenant’s bedroom was unstained at that last visit. On the 2 May the landlord went to the property and found a large red stain in the tenant’s bedroom, the stain would not come out and the landlord had to replace the carpet. The landlords made an insurance claim and seek the excess of $400.00 from the tenant. I am satisfied that the tenant caused the damage and is liable for the insurance excess.

Claims and awards in Tenancy Tribunal application 5027842 — net $1,560.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$255.00	Cleaning
Packing storage and delivery of tenant's belongings	$750.00	Packing storage and delivery of tenant's belongings
Pest control: Flea bomb	$155.00	Pest control: Flea bomb
Repairs: Carpet - insurance excess	$400.00	Repairs: Carpet - insurance excess
Net award	$1,560.00
Bond	$1,560.00
Total payable by Tenant to Landlord	$1,560.00

Order

Laura Johnson to pay Guy Francis and Antoinette Francis $1,560.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,560.00 (6420123-008) to Guy Francis and Antoinette Francis immediately.

Reasons

The landlord filed this claim in the Tribunal in October 2024 after the tenancy ended on the 2 May 2024.
As the tenancy had ended more than 2 months before the application was filed, the landlord, at the time that they filed, was unable to use an email address as an address for service.
On the 23 January 2025 the Tribunal asked the landlord to provide the Tribunal with a current service address and returned the application to tenancy Services.
On the 30 January 2025 the Residential Tenancies Act 1986 was amended to allow for service of applications filed within two years of the tenancy ending to be made on email addresses given to the landlord as an address for service. See s91A(2)(e) RTA.
This means that the landlord can use the tenant’s email address lauracatherinejohnson2@gmail.com as an address for service because that is an address she provided as an address for service in the tenancy agreement.
I am satisfied that this claim and the relevant documents have been served on the tenant at her email address and therefore I can proceed to hear the application.
The landlords are seeking the following: a. Insurance excess for carpet staining $400.00 b. Cleaning $255.00 c. Packing and storing and delivering the tenant’s belongings to her $590.00 d. Flea bomb $155.00 e. Time spent $180.00
The tenant was one of two joint tenants. The tenancy ended on the 2 May 2024 after the tenants gave notice.
The landlord went to the property to conduct an inspection on the 2 May and noticed all of the tenant’s belongings in the property, and also a large red stain in the tenant’s bedroom. The landlord’s texted the tenant asking her to come and collect her belongings. They did not get a response.
The landlords had new tenants coming into the property on the 4 May 2024. As they had not had any response from the tenant, despite sending text messages and emails and trying to call her, they had to pack up her items and take them to their home to store them.
The landlord says that the tenant eventually made contact and they were able to give her belongings back to her about a week later. They had to drive the tenant’s belongings to her in the city (the landlords live out of the city).
At the end of the tenancy a tenant must quit the premises and remove all their belongings and leave the premises in a reasonably clean and tidy condition. I am satisfied that the tenant did not remove all her belongings, nor leave the property in a reasonably clean and tidy condition and therefore was in breach of s40(1)(e)(ii) and (iii).
Compensation should restore the party to the position that they would have been in had the breach not occurred. I am satisfied that $1005 should be awarded for this breach this amount takes into time the landlords spent in packing, storing and arranging delivery of the tenant’s items, cleaning the tenant’s room and transportation costs of transporting the goods.
A few days after the new tenants moved in they told the landlord that the place had fleas. The landlord purchased a flea bomb. I am satisfied that it is more than likely that the tenant’s dog, that had been at the property, was the cause of the fleas and award the landlord the cost of the flea treatment.
The landlord had visited the property only a few weeks before the tenancy ended. The carpet in the tenant’s bedroom was unstained at that last visit. On the 2 May the landlord went to the property and found a large red stain in the tenant’s bedroom, the stain would not come out and the landlord had to replace the carpet. The landlords made an insurance claim and seek the excess of $400.00 from the tenant. I am satisfied that the tenant caused the damage and is liable for the insurance excess.

Tenancy Tribunal case 5027842 — Property damage at Unit/Flat G08, 45 Union Street, Auckland Central, Auckland

At a glance

Tenancy Tribunal case 5027842 — Property damage at Unit/Flat G08, 45 Union Street, Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions