What was Tenancy Tribunal case 4550513 about?

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

How much money was awarded in case 4550513?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $320.00 awarded to landlord; Rent Arrears: $2,914.28 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Water Rates: $56.09 awarded to landlord

What type of tenancy dispute was case 4550513?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4550513?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9341793-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4550513 about?

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

How much money was awarded in case 4550513?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $320.00 awarded to landlord; Rent Arrears: $2,914.28 awarded to landlord; Rubbish Removal: $350.00 awarded to landlord; Water Rates: $56.09 awarded to landlord

What type of tenancy dispute was case 4550513?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4550513?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9341793-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4550513 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4550513 — net $260.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,914.28	Rent arrears
Rubbish removal	$350.00	Rubbish removal
Water rates	$56.09	Water rates
Lawns and Garden work	$320.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$260.81
Total payable by Tenant to Landlord	$260.81

Only the landlord attended the hearing, represented by Jason Patel.

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

How much is owed for rent and water rates?

The tenancy ended following termination by the Tribunal as the tenancy had been abandoned. The tenancy fixed the date of abandonment as at 23 March 2023.

The landlord is therefore entitled to rent for a period of 28 days from 23 March 2023, or the date that the property is re-tenanted, whichever is earlier. See Section 61, Residential Tenancies Act 1986 (“RTA”). The property was not re- tenanted within 28 days. However the tenant the landlord’s rent records showed that the tenant had in fact paid up to 27 March 2023, so the landlord is only entitled to compensation for the additional 24 days, being $2,914.29.

The landlord provided a water bill proving that the amount of $56.09 was owing at 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 and remove all rubbish.

The landlord says that the tenant did not comply with their obligations. Cleaning and carpet cleaning

The landlord seeks $650 for cleaning and $295 for carpet cleaning.

The landlord produced photos just prior to the start of the tenancy on 1 February 2022 (ingoing) and on the date that they discovered that the tenancy had been abandoned, 23 March 2023 (outgoing).

I have reviewed and compared the ingoing and outgoing photos of the carpet. While the carpet has marks and staining in the outgoing photos, I note similar staining and marks on the ingoing photos. The carpet does not appear to be any more stained in the outgoing photos.

I have also reviewed and compared the ingoing and outgoing photos of the interior of the property. In my view the outgoing photos show that it was left reasonably clean and tidy. The tenant is not required to leave the property in a perfect condition ready to be immediately re-let. It is expected that the landlord may have to do some additional cleaning before new tenants move in. In my view the tenant left the property reasonably clean and tidy.

The claims for carpet cleaning and cleaning generally are not proven and are dismissed. Lawns

The ingoing photos show the lawn in a recently mown and tidy condition. The outgoing photos show the lawn to be very overgrown.

The lawn was the tenant’s responsibility. The landlord has incurred costs getting the lawn back to a clean and tidy state. They produced an invoice in the amount of $320.00 for lawns and garden work. This amount is proved and ordered. Rubbish

The tenant left rubbish behind. The outgoing photos show a broken couch, chair, and various other items left in the garage. The landlord has claimed $350.00 for rubbish disposal (having provided an invoice in this amount) which is reasonable. This amount is proved and ordered.

The landlord has sought name suppression. The landlord is entitled to suppression as they have been substantially successful in their claims. See section 95A(a) RTA.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4550513 — net $260.81 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,914.28	Rent arrears
Rubbish removal	$350.00	Rubbish removal
Water rates	$56.09	Water rates
Lawns and Garden work	$320.00	Lawns and Garden work
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$260.81
Total payable by Tenant to Landlord	$260.81

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Phu Lieu Huynh must pay [The landlord/s] $260.81 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing, represented by Jason Patel.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended following termination by the Tribunal as the tenancy had been abandoned. The tenancy fixed the date of abandonment as at 23 March 2023.
The landlord is therefore entitled to rent for a period of 28 days from 23 March 2023, or the date that the property is re-tenanted, whichever is earlier. See Section 61, Residential Tenancies Act 1986 (“RTA”). The property was not re- tenanted within 28 days. However the tenant the landlord’s rent records showed that the tenant had in fact paid up to 27 March 2023, so the landlord is only entitled to compensation for the additional 24 days, being $2,914.29.
The landlord provided a water bill proving that the amount of $56.09 was owing at 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 and remove all rubbish.
The landlord says that the tenant did not comply with their obligations. Cleaning and carpet cleaning
The landlord seeks $650 for cleaning and $295 for carpet cleaning.
The landlord produced photos just prior to the start of the tenancy on 1 February 2022 (ingoing) and on the date that they discovered that the tenancy had been abandoned, 23 March 2023 (outgoing).
I have reviewed and compared the ingoing and outgoing photos of the carpet. While the carpet has marks and staining in the outgoing photos, I note similar staining and marks on the ingoing photos. The carpet does not appear to be any more stained in the outgoing photos.
I have also reviewed and compared the ingoing and outgoing photos of the interior of the property. In my view the outgoing photos show that it was left reasonably clean and tidy. The tenant is not required to leave the property in a perfect condition ready to be immediately re-let. It is expected that the landlord may have to do some additional cleaning before new tenants move in. In my view the tenant left the property reasonably clean and tidy.
The claims for carpet cleaning and cleaning generally are not proven and are dismissed. Lawns
The ingoing photos show the lawn in a recently mown and tidy condition. The outgoing photos show the lawn to be very overgrown.
The lawn was the tenant’s responsibility. The landlord has incurred costs getting the lawn back to a clean and tidy state. They produced an invoice in the amount of $320.00 for lawns and garden work. This amount is proved and ordered. Rubbish
The tenant left rubbish behind. The outgoing photos show a broken couch, chair, and various other items left in the garage. The landlord has claimed $350.00 for rubbish disposal (having provided an invoice in this amount) which is reasonable. This amount is proved and ordered.
The landlord has sought name suppression. The landlord is entitled to suppression as they have been substantially successful in their claims. See section 95A(a) RTA.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4550513 — Rent arrears

At a glance

Tenancy Tribunal case 4550513 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions