What was Tenancy Tribunal case 4543551 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal orders

How much money was awarded in case 4543551?

Filing Fee: $20.44 awarded to landlord; Property Damage: $463.45 awarded to landlord; Rent Arrears: $857.14 awarded to landlord; Rubbish Removal: $1,299.50 awarded to landlord; Water Rates: $43.17 awarded to landlord

What type of tenancy dispute was case 4543551?

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

Where can I read the official tribunal order for case 4543551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9470807-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4543551 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal orders

How much money was awarded in case 4543551?

Filing Fee: $20.44 awarded to landlord; Property Damage: $463.45 awarded to landlord; Rent Arrears: $857.14 awarded to landlord; Rubbish Removal: $1,299.50 awarded to landlord; Water Rates: $43.17 awarded to landlord

What type of tenancy dispute was case 4543551?

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

Where can I read the official tribunal order for case 4543551?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9470807-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4543551 — Rent arrears

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New Zealand Tenancy Tribunal Case 4543551 — 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 4543551 — net $2,683.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$857.14	Rent arrears
Water rates	$43.17	Water rates
Lock/key replacement	$463.45	Lock/key replacement
Cleaning and rubbish removal	$1,299.50	Cleaning and rubbish removal
Filing fee reimbursement	$20.44	must award the filing paid to commence the proceeding in the Tribunal, which is $20.44. NAME SUPPRESSION
Net award	$2,683.70
Total payable by Tenant to Landlord	$2,683.70

Claims and awards for application 4543551 — net $2,683.70 NZD. Verify on MoJ.

Rent arrears

Amount: $857.14
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $43.17
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $463.45
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning and rubbish removal

Amount: $1,299.50
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: must award the filing paid to commence the proceeding in the Tribunal, which is $20.44. NAME SUPPRESSION

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords name and identifying details. No suppression orders apply to the tenant.
Daimon Mitchell must pay [The landlord/s] $2,683.70 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$857.14 Water rates$43.17 Lock/key replacement$463.45 Cleaning and rubbish removal$1,299.50 Filing fee reimbursement$20.44 Total award$2,683.70 Total payable by Tenant to Landlord$2,683.70

Reasons

The Tribunal must consider an application filed by the landlord, and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.
The tenancy was terminated by order of the Tribunal on 7 February 2023. The Tribunal also ordered the rent arrears and water due as of that date. The landlord reports that there were delays in getting possession returned, with the possession returning on 22 February 2023.
The landlord seeks final orders from the Tribunal around final costs with the tenancy.

RENT ARREARS AND WATER RATES

The landlord has applied for an order that the tenant pay rent arrears and water rates between the earlier Tribunal order and possession returning.
As noted, the tenancy was terminated by order of the Tribunal. Possession was to return to the landlord on 7 February 2023. However there was a delay in the tenant returning possession of the tenancy, and I accept it was not returned to the landlord until 22 February 2023. That is an additional 15 days of rent not paid following the earlier Tribunal rent arrears order. I have confirmed the landlords calculation that the additional rent arrears to 22 February 2023 is $857.14, and that is ordered to be paid by the tenant.
The landlord has claimed for the final volumetric water charges of $43.17, that is ordered in full.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
The landlord seeks compensation for cleaning and rubbish removal. The evidence is that the tenant left widespread rubbish and goods at the tenancy. The landlord has claimed $1,299.50, with reference to the invoice from Wilson Property, who did the cleaning and rubbish removal. I have reviewed the photographs taken by the landlord when possession was returned, and the costs claims would be commensurate with the work reasonably needed to return the premises to a state of being reasonably clean and tidy. This claim is ordered in full.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
In this case the landlord had claimed compensation for damage to the premises, but as discussed at the hearing today, I cannot make that order. The landlord reports that there was some damage to the premises from the tenant, but after possession was returned, the house was broken into and at that time extensively damaged, to the point where the house now needs to be demolished. The landlord did not incur any costs for the damage repairs from the tenant, so there was strictly no loss to compensate. There was then an intervening action where the tenancy was effectively destroyed following possession returning to the landlord, but that is not damage that the tenant is liable for.
However the landlord seeks costs for lock and key replacement being a cost that was incurred. The tenant did not return the keys so the landlord needed to replace locks. The RTA requires that at the end of the tenancy the tenant must return all keys. Failing to do so means the tenant is liable for the lock and key replacement. The landlord has claimed $463.45 with reference to the locksmith invoice. This is ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has applied for name suppression which is ordered for the landlord only.

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 4543551 — net $2,683.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$857.14	Rent arrears
Water rates	$43.17	Water rates
Lock/key replacement	$463.45	Lock/key replacement
Cleaning and rubbish removal	$1,299.50	Cleaning and rubbish removal
Filing fee reimbursement	$20.44	must award the filing paid to commence the proceeding in the Tribunal, which is $20.44. NAME SUPPRESSION
Net award	$2,683.70
Total payable by Tenant to Landlord	$2,683.70

Claims and awards for application 4543551 — net $2,683.70 NZD. Verify on MoJ.

Rent arrears

Amount: $857.14
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $43.17
Awarded to: Landlord
Reason: Water rates

Lock/key replacement

Amount: $463.45
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning and rubbish removal

Amount: $1,299.50
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: must award the filing paid to commence the proceeding in the Tribunal, which is $20.44. NAME SUPPRESSION

Claim types — money lines allowed on this order

Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlords name and identifying details. No suppression orders apply to the tenant.
Daimon Mitchell must pay [The landlord/s] $2,683.70 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$857.14 Water rates$43.17 Lock/key replacement$463.45 Cleaning and rubbish removal$1,299.50 Filing fee reimbursement$20.44 Total award$2,683.70 Total payable by Tenant to Landlord$2,683.70

Reasons

The Tribunal must consider an application filed by the landlord, and the relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
Only the landlord appeared at the hearing. I am satisfied that the tenant has been property notified of the hearing, and therefore I will proceed to consider the claim in their absence.
The tenancy was terminated by order of the Tribunal on 7 February 2023. The Tribunal also ordered the rent arrears and water due as of that date. The landlord reports that there were delays in getting possession returned, with the possession returning on 22 February 2023.
The landlord seeks final orders from the Tribunal around final costs with the tenancy.

RENT ARREARS AND WATER RATES

The landlord has applied for an order that the tenant pay rent arrears and water rates between the earlier Tribunal order and possession returning.
As noted, the tenancy was terminated by order of the Tribunal. Possession was to return to the landlord on 7 February 2023. However there was a delay in the tenant returning possession of the tenancy, and I accept it was not returned to the landlord until 22 February 2023. That is an additional 15 days of rent not paid following the earlier Tribunal rent arrears order. I have confirmed the landlords calculation that the additional rent arrears to 22 February 2023 is $857.14, and that is ordered to be paid by the tenant.
The landlord has claimed for the final volumetric water charges of $43.17, that is ordered in full.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
The landlord seeks compensation for cleaning and rubbish removal. The evidence is that the tenant left widespread rubbish and goods at the tenancy. The landlord has claimed $1,299.50, with reference to the invoice from Wilson Property, who did the cleaning and rubbish removal. I have reviewed the photographs taken by the landlord when possession was returned, and the costs claims would be commensurate with the work reasonably needed to return the premises to a state of being reasonably clean and tidy. This claim is ordered in full.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
In this case the landlord had claimed compensation for damage to the premises, but as discussed at the hearing today, I cannot make that order. The landlord reports that there was some damage to the premises from the tenant, but after possession was returned, the house was broken into and at that time extensively damaged, to the point where the house now needs to be demolished. The landlord did not incur any costs for the damage repairs from the tenant, so there was strictly no loss to compensate. There was then an intervening action where the tenancy was effectively destroyed following possession returning to the landlord, but that is not damage that the tenant is liable for.
However the landlord seeks costs for lock and key replacement being a cost that was incurred. The tenant did not return the keys so the landlord needed to replace locks. The RTA requires that at the end of the tenancy the tenant must return all keys. Failing to do so means the tenant is liable for the lock and key replacement. The landlord has claimed $463.45 with reference to the locksmith invoice. This is ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has applied for name suppression which is ordered for the landlord only.

Tenancy Tribunal case 4543551 — Rent arrears

At a glance

Tenancy Tribunal case 4543551 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS AND WATER RATES

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS AND WATER RATES

CLEANING AND RUBBISH REMOVAL

COMPENSATION

FILING FEE

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions