What was the outcome of Tenancy Tribunal case 5101630?

The tribunal order states: Charles Straight must pay Emerge Aotearoa Housing Trust $5,833.98

How much money was awarded in case 5101630?

Cleaning: $140.00 awarded to landlord; Cleaning: $207.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $112.13 awarded to landlord; Methamphetamine Test: $1,247.00 awarded to landlord; Property Damage: $433.00 awarded to landlord; Replace Carpet In Smaller Bedroom, D…: $2,525.25 awarded to landlord; Rubbish Removal: $334.00 awarded to landlord; Rubbish Removal: $1,112.60 awarded to landlord

What type of tenancy dispute was case 5101630?

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

Where can I read the official tribunal order for case 5101630?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11319822-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5101630?

The tribunal order states: Charles Straight must pay Emerge Aotearoa Housing Trust $5,833.98

How much money was awarded in case 5101630?

Cleaning: $140.00 awarded to landlord; Cleaning: $207.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $112.13 awarded to landlord; Methamphetamine Test: $1,247.00 awarded to landlord; Property Damage: $433.00 awarded to landlord; Replace Carpet In Smaller Bedroom, D…: $2,525.25 awarded to landlord; Rubbish Removal: $334.00 awarded to landlord; Rubbish Removal: $1,112.60 awarded to landlord

What type of tenancy dispute was case 5101630?

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

Where can I read the official tribunal order for case 5101630?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11319822-Tenancy_Tribunal_Order.pdf.

Unit/Flat 5, 582 Barbadoes Street, Edgeware, Christchurch Tenancy Tribunal Case 5101630 — Property damage

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Unit/Flat 5, 582 Barbadoes Street, Edgeware, Christchurch Tenancy Tribunal Case 5101630 — Property damage | 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 5101630 — net $5,833.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$334.00	Rubbish removal
Cleaning, oven cleaning, rubbish removal, and bins	$1,112.60	Cleaning, oven cleaning, rubbish removal, and bins
Lock/key replacement	$433.00	Lock/key replacement
Methamphetamine test	$1,247.00	Methamphetamine test
Replace carpet in smaller bedroom, dining room and lounge (depreciated 25	$2,525.25	Replace carpet in smaller bedroom, dining room and lounge (depreciated 25
Dry clean curtains	$207.00	Dry clean curtains
Carpet cleaning	$140.00	Carpet cleaning
Garden work and waste removal	$112.13	Garden work and waste removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,833.98
Total payable by Tenant to Landlord	$5,833.98

Claims and awards for application 5101630 — net $5,833.98 NZD. Verify on MoJ.

Rubbish removal

Amount: $334.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning, oven cleaning, rubbish removal, and bins

Amount: $1,112.60
Awarded to: Landlord
Reason: Cleaning, oven cleaning, rubbish removal, and bins

Lock/key replacement

Amount: $433.00
Awarded to: Landlord
Reason: Lock/key replacement

Methamphetamine test

Amount: $1,247.00
Awarded to: Landlord
Reason: Methamphetamine test

Replace carpet in smaller bedroom, dining room and lounge (depreciated 25

Amount: $2,525.25
Awarded to: Landlord
Reason: Replace carpet in smaller bedroom, dining room and lounge (depreciated 25

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Charles Straight must pay Emerge Aotearoa Housing Trust $5,833.98 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $304.00 (3480020-009) to Emerge Aotearoa Housing Trust immediately.

Reasons

Ms Timpson represented the applicant. The tenant did not attend 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 (RTA).
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 key replacement cost was high because the key model was obsolete. Ms Timpson gave evidence that she provided the tenant with several opportunities to return the keys.
The landlord had the carpets cleaned to try and avoid the cost of carpet replacement. The carpets were heavily soiled. The cleaning could not remove the stains and the carpets had to be replaced.
I have depreciated the claim for carpet replacement by 25% because the carpets were about 4.5 years old when the tenancy ended – the tenancy lasted 4 years and the carpets were replaced about 9 months before the start of the tenancy.
The tenant smoked in the premises and the curtains had to be dry cleaned.
The landlord had the premises tested for methamphetamine at the start of the tenancy. The test was negative. A test at the end of the tenancy showed low levels of contamination.
While specific methamphetamine cleaning is not a tenant liability in this case due to the low level of contamination (less than 15μg/100cm², the level the Tribunal works to as being the threshold for damage), the tenant is liable for the cost of testing which established the use of methamphetamine during the tenancy by the tenant or by someone present at the premises with his permission.
The amounts ordered are proved by invoices and photos and by the evidence Ms Timpson gave at the hearing.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
The bond will be paid to the landlord and deducted from the Trust’s proven claims.

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 5101630 — net $5,833.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$334.00	Rubbish removal
Cleaning, oven cleaning, rubbish removal, and bins	$1,112.60	Cleaning, oven cleaning, rubbish removal, and bins
Lock/key replacement	$433.00	Lock/key replacement
Methamphetamine test	$1,247.00	Methamphetamine test
Replace carpet in smaller bedroom, dining room and lounge (depreciated 25	$2,525.25	Replace carpet in smaller bedroom, dining room and lounge (depreciated 25
Dry clean curtains	$207.00	Dry clean curtains
Carpet cleaning	$140.00	Carpet cleaning
Garden work and waste removal	$112.13	Garden work and waste removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,833.98
Total payable by Tenant to Landlord	$5,833.98

Claims and awards for application 5101630 — net $5,833.98 NZD. Verify on MoJ.

Rubbish removal

Amount: $334.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning, oven cleaning, rubbish removal, and bins

Amount: $1,112.60
Awarded to: Landlord
Reason: Cleaning, oven cleaning, rubbish removal, and bins

Lock/key replacement

Amount: $433.00
Awarded to: Landlord
Reason: Lock/key replacement

Methamphetamine test

Amount: $1,247.00
Awarded to: Landlord
Reason: Methamphetamine test

Replace carpet in smaller bedroom, dining room and lounge (depreciated 25

Amount: $2,525.25
Awarded to: Landlord
Reason: Replace carpet in smaller bedroom, dining room and lounge (depreciated 25

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Lawns And Garden Work Property damage Rubbish Removal

Order

Charles Straight must pay Emerge Aotearoa Housing Trust $5,833.98 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $304.00 (3480020-009) to Emerge Aotearoa Housing Trust immediately.

Reasons

Ms Timpson represented the applicant. The tenant did not attend 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 (RTA).
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 key replacement cost was high because the key model was obsolete. Ms Timpson gave evidence that she provided the tenant with several opportunities to return the keys.
The landlord had the carpets cleaned to try and avoid the cost of carpet replacement. The carpets were heavily soiled. The cleaning could not remove the stains and the carpets had to be replaced.
I have depreciated the claim for carpet replacement by 25% because the carpets were about 4.5 years old when the tenancy ended – the tenancy lasted 4 years and the carpets were replaced about 9 months before the start of the tenancy.
The tenant smoked in the premises and the curtains had to be dry cleaned.
The landlord had the premises tested for methamphetamine at the start of the tenancy. The test was negative. A test at the end of the tenancy showed low levels of contamination.
While specific methamphetamine cleaning is not a tenant liability in this case due to the low level of contamination (less than 15μg/100cm², the level the Tribunal works to as being the threshold for damage), the tenant is liable for the cost of testing which established the use of methamphetamine during the tenancy by the tenant or by someone present at the premises with his permission.
The amounts ordered are proved by invoices and photos and by the evidence Ms Timpson gave at the hearing.
As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.
The bond will be paid to the landlord and deducted from the Trust’s proven claims.

Tenancy Tribunal case 5101630 — Property damage at Unit/Flat 5, 582 Barbadoes Street, Edgeware, Christchurch

At a glance

Tenancy Tribunal case 5101630 — Property damage at Unit/Flat 5, 582 Barbadoes Street, Edgeware, Christchurch

At a glance

Award balance

Claims & awards

Order

Reasons

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

Order

Reasons

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