What was the outcome of Tenancy Tribunal case 4650890?

The tribunal order states: Kavekini Kunalaqa must pay Shelter Realty Limited acting as agent for Maria

How much money was awarded in case 4650890?

Cleaning: $120.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $160.00 awarded to landlord; Water Rates: $737.34 awarded to landlord

What type of tenancy dispute was case 4650890?

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

Where can I read the official tribunal order for case 4650890?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10920255-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4650890?

The tribunal order states: Kavekini Kunalaqa must pay Shelter Realty Limited acting as agent for Maria

How much money was awarded in case 4650890?

Cleaning: $120.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $160.00 awarded to landlord; Water Rates: $737.34 awarded to landlord

What type of tenancy dispute was case 4650890?

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

Where can I read the official tribunal order for case 4650890?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10920255-Tribunal_Order.pdf.

Unit/Flat 5L, 17 Crown Lynn Place, New Lynn, Auckland Tenancy Tribunal Case 4650890 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4650890 — net $1,037.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to from 1 – 3 June 2023	$160.00	Rent arrears to from 1 – 3 June 2023
Electricity and water rates	$737.34	Electricity and water rates
Cleaning	$120.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,037.78
Total payable by Tenant to Landlord	$1,037.78

Only the landlord attended the hearing. There was no appearance by the tenant.

This tenancy was terminated by order of the Tribunal and at that stage an order was made for rent arrears to 1 June 2023.

The tenant did not leave the property until 3 June 2023. The landlord then filed this application on 8 August 2023 for an additional two days of rent, water and electricity charges, cleaning and reimbursement of the filing fee.

As this application was filed on 8 August 2023, which was more than two months after the end of the tenancy, the usual service rules did not apply.

This application came before the Tribunal on 5 June 2024. The Tribunal found that the landlord’s application had not been served in accordance with section 91A RTA and that the landlord needed to take further steps to try to locate the tenant so that effective service could take place.

The landlord has sought the assistance of a debt collection agency who provided and address for service for the tenant. At the hearing today that landlord produced a video of the documents being served at the address provided by the debt collection agency. The video shows the letterbox confirming the address and the documents being handed to a person at the address who opened the door, took the documents, and confirmed that the tenant was residing at the address.

I am satisfied that the landlord’s application has now been served in accordance with section 91A(2)(c).

How much is owed for rent and utilities?

The tenancy ended on 3 June 2023. The landlord already has an order for rent to 1 June 2023 and so seeks an additional two days of rent ($160 as rent is $80 per day).

The landlord produced copies of water rates and electricity invoices dated 31 March 2023 and 31 May 2023 in the amount of $737.34.

These amounts are 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 landlord says that the tenant did not leave the property reasonably clean and tidy. They produced photos showing that the shower, fridge, kitchen cabinet and oven required more cleaning and that the carpet required vacuuming.

The landlord produced an invoice in the amount of $460 for a “move out clean”.

The landlord did not produce a pre-inspection report so that I could see the condition of the areas claimed at the start of the tenancy.

I am mindful that a tenant must only leave a property reasonably clean and tidy. They are not required to leave the property spotless and ready for a new tenant to move into.

I consider that there are areas that required additional cleaning but am not satisfied that the tenant should be responsible for an entire move out clean.

Having reviewed the photos I consider that the portion of the cleaning invoice required to bring the property up to a “reasonably clean and tidy” condition to be $120.00, and I order compensation of this amount. Filing fee and name suppression

Because Shelter Realty Limited acting as agent for Maria Parshikova has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord did not seek an order for name suppression.

Claims and awards in Tenancy Tribunal application 4650890 — net $1,037.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to from 1 – 3 June 2023	$160.00	Rent arrears to from 1 – 3 June 2023
Electricity and water rates	$737.34	Electricity and water rates
Cleaning	$120.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,037.78
Total payable by Tenant to Landlord	$1,037.78

Order

Kavekini Kunalaqa must pay Shelter Realty Limited acting as agent for Maria Parshikova $1,037.78 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. There was no appearance by the tenant.
This tenancy was terminated by order of the Tribunal and at that stage an order was made for rent arrears to 1 June 2023.
The tenant did not leave the property until 3 June 2023. The landlord then filed this application on 8 August 2023 for an additional two days of rent, water and electricity charges, cleaning and reimbursement of the filing fee.
As this application was filed on 8 August 2023, which was more than two months after the end of the tenancy, the usual service rules did not apply.
This application came before the Tribunal on 5 June 2024. The Tribunal found that the landlord’s application had not been served in accordance with section 91A RTA and that the landlord needed to take further steps to try to locate the tenant so that effective service could take place.
The landlord has sought the assistance of a debt collection agency who provided and address for service for the tenant. At the hearing today that landlord produced a video of the documents being served at the address provided by the debt collection agency. The video shows the letterbox confirming the address and the documents being handed to a person at the address who opened the door, took the documents, and confirmed that the tenant was residing at the address.
I am satisfied that the landlord’s application has now been served in accordance with section 91A(2)(c).

How much is owed for rent and utilities?

The tenancy ended on 3 June 2023. The landlord already has an order for rent to 1 June 2023 and so seeks an additional two days of rent ($160 as rent is $80 per day).
The landlord produced copies of water rates and electricity invoices dated 31 March 2023 and 31 May 2023 in the amount of $737.34.
These amounts are 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 landlord says that the tenant did not leave the property reasonably clean and tidy. They produced photos showing that the shower, fridge, kitchen cabinet and oven required more cleaning and that the carpet required vacuuming.
The landlord produced an invoice in the amount of $460 for a “move out clean”.
The landlord did not produce a pre-inspection report so that I could see the condition of the areas claimed at the start of the tenancy.
I am mindful that a tenant must only leave a property reasonably clean and tidy. They are not required to leave the property spotless and ready for a new tenant to move into.
I consider that there are areas that required additional cleaning but am not satisfied that the tenant should be responsible for an entire move out clean.
Having reviewed the photos I consider that the portion of the cleaning invoice required to bring the property up to a “reasonably clean and tidy” condition to be $120.00, and I order compensation of this amount. Filing fee and name suppression
Because Shelter Realty Limited acting as agent for Maria Parshikova has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord did not seek an order for name suppression.

Tenancy Tribunal case 4650890 — Rent arrears at Unit/Flat 5L, 17 Crown Lynn Place, New Lynn, Auckland

At a glance

Tenancy Tribunal case 4650890 — Rent arrears at Unit/Flat 5L, 17 Crown Lynn Place, New Lynn, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and utilities?

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 and utilities?

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