What was Tenancy Tribunal case 4631825 about?

The tribunal order states: The Tribunal orders continued suppression of the tenant’s name and

How much money was awarded in case 4631825?

Cleaning: $200.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Property Damage: $50.00 awarded to landlord; Rent Overpayment 5 July 2023: $200.00 awarded to landlord; Rent Underpaid 21 June 2023: $430.00 awarded to landlord

What type of tenancy dispute was case 4631825?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4631825?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10421810-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4631825 about?

The tribunal order states: The Tribunal orders continued suppression of the tenant’s name and

How much money was awarded in case 4631825?

Cleaning: $200.00 awarded to tenant; Filing Fee: $20.44 awarded to landlord; Property Damage: $50.00 awarded to landlord; Rent Overpayment 5 July 2023: $200.00 awarded to landlord; Rent Underpaid 21 June 2023: $430.00 awarded to landlord

What type of tenancy dispute was case 4631825?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4631825?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10421810-Tribunal_Order_Redacted.pdf.

Room 1, 20 Killybegs Drive, Pinehill, Auckland 0632 Tenancy Tribunal Case 4631825 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4631825 — net $559.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent underpaid 21 June 2023 to 4 July 2023	$430.00		Rent underpaid 21 June 2023 to 4 July 2023
Rent overpayment 5 July 2023 to 31 July 2023	$200.00		Rent overpayment 5 July 2023 to 31 July 2023
Lock/key replacement	$50.00		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Cleaning		$200.00	Cleaning
Bond held by landlord		$1,060.00	Bond held by landlord
Total award	$700.44	$1,260.00
Net award		$559.56
Total payable by Landlord to Tenant		$559.56

Both parties attended the hearing.

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

An Order was made concerning this tenancy dated 23 July 2023 (application 4551777) (“the July Order”).

The July Order: a. found that this was a boarding house tenancy; b. required that the landlord pay to the tenant $870.44 by way of exemplary damages and the filing fee – this has been paid by the landlord; c. noted that “The landlord is required to return the tenant’s deposit [of $1,060.00] in full at the conclusion of the boarding house tenancy on 31 July 2023” – this has not been done.

On 17 July 2023 the landlord brought this application seeking: a. rent arrears b. compensation for cleaning, carpet cleaning and lock replacement costs.

How much is owed for rent?

Understandably, because that is what their agreement says, the landlord’s position is that the tenant is liable to pay rent to 31 July 2023, which is the end date given in the tenancy agreement.

However, the Tribunal having found that this is in substance a boarding house tenancy, the relevant provision is s.66V RTA which provides that: “(1) A tenant under a boarding house tenancy may terminate the tenancy by giving at least 48 hours’ notice to the landlord. (2) A tenant need not give notice in writing.”

Having heard the parties’ evidence, I find it proved on balance that the tenant made the landlord aware from the beginning of July 2023 that he did not wish to continue with the tenancy. In terms of s.66V that is sufficient to end the tenancy after 48 hours. This was confirmed when the landlord entered the room at the beginning of July and found that the tenant had vacated.

The landlord has provided a rent summary showing that the rent was paid to 20 June 2023 but that thereafter only $50.00 per week was paid. The tenant says that he continued to pay $50.00 per week, because he felt bad for having ended the tenancy before the agreed end date.

I find that the tenant’s liability for rent ended on 4 July 2023. He owes $215.00 per week for the two weeks from 21 June 2023 to 4 July 2023. He is entitled to be refunded the rent paid (@$50.00 per week) for the four weeks from then to 31 July 2023 totalling $200.00.

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 accepts that he did not leave the bathroom reasonably clean and tidy. The landlord has provided photographs showing that other cleaning was required as well.

The landlord has provided an invoice paid by him for $200.00 for cleaning the carpets. The landlord claims an additional $150.00 for his labour in carrying out cleaning work.

This is a small ensuite room. The evidence does not prove a need for cleaning of that degree to bring it to a reasonably clean and tidy condition. I assess $200.00 as fair compensation to the landlord for the cleaning costs.

The landlord claims the cost of lock replacement. The tenant says he left the keys at the premises.

The tenant’s obligation is to return the key to the landlord. It is not sufficient to leave it behind when vacating the premises and hope that the landlord finds it.

I accept the landlord’s evidence that he did not recover the key. I am not persuaded by the evidence that there was a need to have the lock replaced rather than having a new key for the door cut. Compensation is limited to the reasonable cost of having replacement keys made.

As the landlord has had claims upheld, I reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4631825 — net $559.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent underpaid 21 June 2023 to 4 July 2023	$430.00		Rent underpaid 21 June 2023 to 4 July 2023
Rent overpayment 5 July 2023 to 31 July 2023	$200.00		Rent overpayment 5 July 2023 to 31 July 2023
Lock/key replacement	$50.00		Lock/key replacement
Filing fee reimbursement	$20.44		Filing fee reimbursement
Cleaning		$200.00	Cleaning
Bond held by landlord		$1,060.00	Bond held by landlord
Total award	$700.44	$1,260.00
Net award		$559.56
Total payable by Landlord to Tenant		$559.56

Order

The Tribunal orders continued suppression of the tenant’s name and identifying details.
Lizhi Qu must pay [The tenant/s] $559.56 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. Background
An Order was made concerning this tenancy dated 23 July 2023 (application 4551777) (“the July Order”).
The July Order: a. found that this was a boarding house tenancy; b. required that the landlord pay to the tenant $870.44 by way of exemplary damages and the filing fee – this has been paid by the landlord; c. noted that “The landlord is required to return the tenant’s deposit [of $1,060.00] in full at the conclusion of the boarding house tenancy on 31 July 2023” – this has not been done.
On 17 July 2023 the landlord brought this application seeking: a. rent arrears b. compensation for cleaning, carpet cleaning and lock replacement costs.

How much is owed for rent?

Understandably, because that is what their agreement says, the landlord’s position is that the tenant is liable to pay rent to 31 July 2023, which is the end date given in the tenancy agreement.
However, the Tribunal having found that this is in substance a boarding house tenancy, the relevant provision is s.66V RTA which provides that: “(1) A tenant under a boarding house tenancy may terminate the tenancy by giving at least 48 hours’ notice to the landlord. (2) A tenant need not give notice in writing.”
Having heard the parties’ evidence, I find it proved on balance that the tenant made the landlord aware from the beginning of July 2023 that he did not wish to continue with the tenancy. In terms of s.66V that is sufficient to end the tenancy after 48 hours. This was confirmed when the landlord entered the room at the beginning of July and found that the tenant had vacated.
The landlord has provided a rent summary showing that the rent was paid to 20 June 2023 but that thereafter only $50.00 per week was paid. The tenant says that he continued to pay $50.00 per week, because he felt bad for having ended the tenancy before the agreed end date.
I find that the tenant’s liability for rent ended on 4 July 2023. He owes $215.00 per week for the two weeks from 21 June 2023 to 4 July 2023. He is entitled to be refunded the rent paid (@$50.00 per week) for the four weeks from then to 31 July 2023 totalling $200.00.

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 accepts that he did not leave the bathroom reasonably clean and tidy. The landlord has provided photographs showing that other cleaning was required as well.
The landlord has provided an invoice paid by him for $200.00 for cleaning the carpets. The landlord claims an additional $150.00 for his labour in carrying out cleaning work.
This is a small ensuite room. The evidence does not prove a need for cleaning of that degree to bring it to a reasonably clean and tidy condition. I assess $200.00 as fair compensation to the landlord for the cleaning costs.
The landlord claims the cost of lock replacement. The tenant says he left the keys at the premises.
The tenant’s obligation is to return the key to the landlord. It is not sufficient to leave it behind when vacating the premises and hope that the landlord finds it.
I accept the landlord’s evidence that he did not recover the key. I am not persuaded by the evidence that there was a need to have the lock replaced rather than having a new key for the door cut. Compensation is limited to the reasonable cost of having replacement keys made.
As the landlord has had claims upheld, I reimburse the filing fee.

Tenancy Tribunal case 4631825 — Cleanliness at Room 1, 20 Killybegs Drive, Pinehill, Auckland 0632

At a glance

Tenancy Tribunal case 4631825 — Cleanliness at Room 1, 20 Killybegs Drive, Pinehill, Auckland 0632

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

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

Frequently asked questions