What was the outcome of Tenancy Tribunal case 4617590?

The tribunal order states: Iotua Peter Oceani Lindsay must pay Vu Residentials Limited $10,261.84

How much money was awarded in case 4617590?

Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $91.40 awarded to landlord; Rent Arrears: $12,750.00 awarded to landlord

What type of tenancy dispute was case 4617590?

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

Where can I read the official tribunal order for case 4617590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9586930-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4617590?

The tribunal order states: Iotua Peter Oceani Lindsay must pay Vu Residentials Limited $10,261.84

How much money was awarded in case 4617590?

Cleaning: $100.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $91.40 awarded to landlord; Rent Arrears: $12,750.00 awarded to landlord

What type of tenancy dispute was case 4617590?

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

Where can I read the official tribunal order for case 4617590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9586930-Tenancy_Tribunal_Order.pdf.

12A Everitt Road, Otara, Auckland 2023 Tenancy Tribunal Case 4617590 — Rent arrears

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12A Everitt Road, Otara, Auckland 2023 Tenancy Tribunal Case 4617590 — 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 4617590 — net $10,261.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 July 2023	$12,750.00	Rent arrears to 4 July 2023
Cleaning	$100.00	Cleaning
Lock/key replacement	$91.40	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,261.84
Total payable by Tenant to Landlord	$10,261.84

Claims and awards for application 4617590 — net $10,261.84 NZD. Verify on MoJ.

Rent arrears to 4 July 2023

Amount: $12,750.00
Awarded to: Landlord
Reason: Rent arrears to 4 July 2023

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $91.40
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $10,261.84

Total payable by Tenant to Landlord

Landlord $10,261.84

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Iotua Peter Oceani Lindsay must pay Vu Residentials Limited $10,261.84 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,700.00 (6308954-009) to Vu Residentials Limited immediately.

Reasons

Only the landlord attended the hearing, represented by Mr Vu.
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?

This was a fixed term tenancy from 4 July 2022 to 4 July 2023. The tenant gave notice prior to the end of the fixed term but did not respond to the landlord’s requests to pick up the keys or to manage what were by that stage very substantial arrears.
The landlord produced rent records showing that the rent owing at the end of the tenancy was $12,750. This claim is proved.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord produced a number of move-in and exit photos showing that the property was not left reasonably clean and tidy. The photos show the that the oven was dirty and there was marks on the walls and mould on the ceiling. There was also some rubbish left behind.
The landlord has produced an invoice from Kwality Clean in the amount of $700.00. The invoice is for “3 bedroom and 1 bathroom house clean with carpet shampoo clean” ($350) and “water blasting from outside the house” ($350.00).
I was not provided with any photos of the outside of the property from the start of the tenancy and so dismiss the part of the invoice relating to water blasting. In relation to the cleaning, I do not consider that the whole amount is justified. The tenant is not required to leave the property spotless and ready for a new tenant to move in, they only need to leave the property “reasonably clean and tidy”. I can only order compensation for the cleaning done to bring the property up to that condition and on the basis of the evidence before me I estimate that to be $100.00.
The tenant did not return the keys and a lock was missing. The landlord produced photos in evidence showing the missing lock. The landlord produced invoices totalling $91.40 for replacement locks and keys. This claim is proved.
The landlord also claimed for a replacement smoke alarm and heat pump remote and batteries, but I was not provided with evidence in relation to these items, and so these claims are dismissed.
Because Vu Residentials Limited has substantially succeeded with the claim I have reimbursed the filing fee.

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 4617590 — net $10,261.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 July 2023	$12,750.00	Rent arrears to 4 July 2023
Cleaning	$100.00	Cleaning
Lock/key replacement	$91.40	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,261.84
Total payable by Tenant to Landlord	$10,261.84

Claims and awards for application 4617590 — net $10,261.84 NZD. Verify on MoJ.

Rent arrears to 4 July 2023

Amount: $12,750.00
Awarded to: Landlord
Reason: Rent arrears to 4 July 2023

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $91.40
Awarded to: Landlord
Reason: Lock/key replacement

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $10,261.84

Total payable by Tenant to Landlord

Landlord $10,261.84

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

Iotua Peter Oceani Lindsay must pay Vu Residentials Limited $10,261.84 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,700.00 (6308954-009) to Vu Residentials Limited immediately.

Reasons

Only the landlord attended the hearing, represented by Mr Vu.
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?

This was a fixed term tenancy from 4 July 2022 to 4 July 2023. The tenant gave notice prior to the end of the fixed term but did not respond to the landlord’s requests to pick up the keys or to manage what were by that stage very substantial arrears.
The landlord produced rent records showing that the rent owing at the end of the tenancy was $12,750. This claim is proved.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord produced a number of move-in and exit photos showing that the property was not left reasonably clean and tidy. The photos show the that the oven was dirty and there was marks on the walls and mould on the ceiling. There was also some rubbish left behind.
The landlord has produced an invoice from Kwality Clean in the amount of $700.00. The invoice is for “3 bedroom and 1 bathroom house clean with carpet shampoo clean” ($350) and “water blasting from outside the house” ($350.00).
I was not provided with any photos of the outside of the property from the start of the tenancy and so dismiss the part of the invoice relating to water blasting. In relation to the cleaning, I do not consider that the whole amount is justified. The tenant is not required to leave the property spotless and ready for a new tenant to move in, they only need to leave the property “reasonably clean and tidy”. I can only order compensation for the cleaning done to bring the property up to that condition and on the basis of the evidence before me I estimate that to be $100.00.
The tenant did not return the keys and a lock was missing. The landlord produced photos in evidence showing the missing lock. The landlord produced invoices totalling $91.40 for replacement locks and keys. This claim is proved.
The landlord also claimed for a replacement smoke alarm and heat pump remote and batteries, but I was not provided with evidence in relation to these items, and so these claims are dismissed.
Because Vu Residentials Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4617590 — Rent arrears at 12A Everitt Road, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4617590 — Rent arrears at 12A Everitt Road, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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