What was the outcome of Tenancy Tribunal case 5117348?

The tribunal order states: Caitlan McDonald to pay Holmwood Real Estate Limited as agent for David

How much money was awarded in case 5117348?

Cleaning: $281.75 awarded to landlord; Credit Carpet Depreciation: $255.98 awarded to tenant; Rent Arrears: $1,481.43 awarded to landlord; Replace Curtain Ties: $53.10 awarded to landlord; Replace ONT Cord: $48.99 awarded to landlord

What type of tenancy dispute was case 5117348?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5117348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11451893-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5117348?

The tribunal order states: Caitlan McDonald to pay Holmwood Real Estate Limited as agent for David

How much money was awarded in case 5117348?

Cleaning: $281.75 awarded to landlord; Credit Carpet Depreciation: $255.98 awarded to tenant; Rent Arrears: $1,481.43 awarded to landlord; Replace Curtain Ties: $53.10 awarded to landlord; Replace ONT Cord: $48.99 awarded to landlord

What type of tenancy dispute was case 5117348?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5117348?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11451893-Tenancy_Tribunal_Order.pdf.

110 Baker Street, New Brighton, Christchurch 8083 Tenancy Tribunal Case 5117348 — Rent arrears

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110 Baker Street, New Brighton, Christchurch 8083 Tenancy Tribunal Case 5117348 — Rent arrears | 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 5117348 — net $1,609.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,481.43		Rent arrears
Replace curtain ties	$53.10		Replace curtain ties
Replace ONT cord	$48.99		Replace ONT cord
Cleaning: 50% allowed	$281.75		Cleaning: 50% allowed
Credit carpet depreciation		$255.98	Credit carpet depreciation
Total award	$1,865.27	$255.98
Net award	$1,609.29
Bond	$2,440.00
Total payable by Tenant to Landlord	$1,609.29

Claims and awards for application 5117348 — net $1,609.29 NZD. Verify on MoJ.

Rent arrears

Amount: $1,481.43
Awarded to: Landlord
Reason: Rent arrears

Replace curtain ties

Amount: $53.10
Awarded to: Landlord
Reason: Replace curtain ties

Replace ONT cord

Amount: $48.99
Awarded to: Landlord
Reason: Replace ONT cord

Cleaning: 50% allowed

Amount: $281.75
Awarded to: Landlord
Reason: Cleaning: 50% allowed

Credit carpet depreciation

Amount: $255.98
Awarded to: Tenant
Reason: Credit carpet depreciation

Claim types — money lines allowed on this order

Cleanliness Rent arrears

Order

Caitlan McDonald to pay Holmwood Real Estate Limited as agent for David and Julie Moore $1,609.29 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,440.00 (4016910-004) immediately apportioned as follows: Holmwood Real Estate Limited as agent for David and& Julie Moore: $1,609.29 Caitlan McDonald: $830.71

Reasons

Both parties attended the hearing. Ms Brown represented the landlord.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant’s application is a defence to the landlord’s application but as well she seeks some refund of the amount she paid for carpet replacement. Claims accepted by the tenant
The tenant accepted the landlord’s claims for rent arrears, replacing curtain ties, and replacing the ONT cable. I have allowed those claim (marked *) by consent.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of a 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 accepted that some cleaning was required but not the amount claimed for cleaning.
A tenant is not expected to leave the premises clean to a state where a new tenancy can commence, or, as in this case, in a condition for the sale of the premises.
The cleaning invoice charges for exterior window cleaning which is not a tenant responsibility.
I have reduced the cleaning invoice by 50%. The photos produced in evidence show that the tenant left the premises generally reasonably clean. Cleaning to the extent detailed was not a full tenant responsibility. Landlords must expect to have to do some cleaning at the end of a tenancy.
The landlord has claimed the full cost of replacing the carpets, soiled by dog urine.
The total cost is $5,657.38. The tenant paid the landlord $4,216.15 which was the full cost of all rooms except 2 bedrooms which the landlord did not initially intend replacing. However, urine damage was then found on those carpets.
The carpet in these premises was at least 7 years old, possibly older. The landlord cannot expect to receive the cost of full carpet replacement even when the carpets are in good condition. Wear and tear, and age, must be considered.
I have depreciated the claim for carpet replacement by 30% to reflect the age of the carpets. This means that the tenant’s overall liability is $3,960.17.
The tenant paid the landlord $4,216.15 for carpet replacement. Allowing for the depreciation I have applied she is owed a refund of $255.98.
I make no order for reimbursement of the filing fees each party paid. Each has succeeded partially. An award to one would be cancelled by an award to the other. Result
The tenant will pay the landlord $1,609.29 from the bond. The balance of the bond will be paid to the tenant.
On my enquiry, neither party sought a name suppression order.

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 5117348 — net $1,609.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,481.43		Rent arrears
Replace curtain ties	$53.10		Replace curtain ties
Replace ONT cord	$48.99		Replace ONT cord
Cleaning: 50% allowed	$281.75		Cleaning: 50% allowed
Credit carpet depreciation		$255.98	Credit carpet depreciation
Total award	$1,865.27	$255.98
Net award	$1,609.29
Bond	$2,440.00
Total payable by Tenant to Landlord	$1,609.29

Claims and awards for application 5117348 — net $1,609.29 NZD. Verify on MoJ.

Rent arrears

Amount: $1,481.43
Awarded to: Landlord
Reason: Rent arrears

Replace curtain ties

Amount: $53.10
Awarded to: Landlord
Reason: Replace curtain ties

Replace ONT cord

Amount: $48.99
Awarded to: Landlord
Reason: Replace ONT cord

Cleaning: 50% allowed

Amount: $281.75
Awarded to: Landlord
Reason: Cleaning: 50% allowed

Credit carpet depreciation

Amount: $255.98
Awarded to: Tenant
Reason: Credit carpet depreciation

Claim types — money lines allowed on this order

Cleanliness Rent arrears

Order

Caitlan McDonald to pay Holmwood Real Estate Limited as agent for David and Julie Moore $1,609.29 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,440.00 (4016910-004) immediately apportioned as follows: Holmwood Real Estate Limited as agent for David and& Julie Moore: $1,609.29 Caitlan McDonald: $830.71

Reasons

Both parties attended the hearing. Ms Brown represented the landlord.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenant’s application is a defence to the landlord’s application but as well she seeks some refund of the amount she paid for carpet replacement. Claims accepted by the tenant
The tenant accepted the landlord’s claims for rent arrears, replacing curtain ties, and replacing the ONT cable. I have allowed those claim (marked *) by consent.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of a 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 accepted that some cleaning was required but not the amount claimed for cleaning.
A tenant is not expected to leave the premises clean to a state where a new tenancy can commence, or, as in this case, in a condition for the sale of the premises.
The cleaning invoice charges for exterior window cleaning which is not a tenant responsibility.
I have reduced the cleaning invoice by 50%. The photos produced in evidence show that the tenant left the premises generally reasonably clean. Cleaning to the extent detailed was not a full tenant responsibility. Landlords must expect to have to do some cleaning at the end of a tenancy.
The landlord has claimed the full cost of replacing the carpets, soiled by dog urine.
The total cost is $5,657.38. The tenant paid the landlord $4,216.15 which was the full cost of all rooms except 2 bedrooms which the landlord did not initially intend replacing. However, urine damage was then found on those carpets.
The carpet in these premises was at least 7 years old, possibly older. The landlord cannot expect to receive the cost of full carpet replacement even when the carpets are in good condition. Wear and tear, and age, must be considered.
I have depreciated the claim for carpet replacement by 30% to reflect the age of the carpets. This means that the tenant’s overall liability is $3,960.17.
The tenant paid the landlord $4,216.15 for carpet replacement. Allowing for the depreciation I have applied she is owed a refund of $255.98.
I make no order for reimbursement of the filing fees each party paid. Each has succeeded partially. An award to one would be cancelled by an award to the other. Result
The tenant will pay the landlord $1,609.29 from the bond. The balance of the bond will be paid to the tenant.
On my enquiry, neither party sought a name suppression order.

Tenancy Tribunal case 5117348 — Rent arrears at 110 Baker Street, New Brighton, Christchurch 8083

At a glance

Tenancy Tribunal case 5117348 — Rent arrears at 110 Baker Street, New Brighton, Christchurch 8083

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