What was Tenancy Tribunal case 4682110 about?

The tribunal order states: Barry Needham must pay [The landlord/s] $1,698.06 immediately, calculated as

How much money was awarded in case 4682110?

Cleaning: $300.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,784.35 awarded to landlord; Water Rates: $143.27 awarded to landlord

What type of tenancy dispute was case 4682110?

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

Where can I read the official tribunal order for case 4682110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9609169-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4682110 about?

The tribunal order states: Barry Needham must pay [The landlord/s] $1,698.06 immediately, calculated as

How much money was awarded in case 4682110?

Cleaning: $300.00 awarded to landlord; Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,784.35 awarded to landlord; Water Rates: $143.27 awarded to landlord

What type of tenancy dispute was case 4682110?

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

Where can I read the official tribunal order for case 4682110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9609169-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4682110 — Rent arrears

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New Zealand Tenancy Tribunal Case 4682110 — 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 4682110 — net $1,698.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,784.35	Rent arrears
Water rates	$143.27	Water rates
Cleaning	$300.00	Cleaning
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,698.06
Total payable by Tenant to Landlord	$1,698.06

Claims and awards for application 4682110 — net $1,698.06 NZD. Verify on MoJ.

Rent arrears

Amount: $2,784.35
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $143.27
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

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

Net award

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Water Rates

Order

Barry Needham must pay [The landlord/s] $1,698.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,950.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this remote teleconference hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls could not be connected. The Tribunal may hear a matter in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
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 on 19 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $ 2,784.35 for rent and $143.27 for water rates.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: “A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters”.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The landlord explained that the invoices for interior and exterior cleaning were to bring the premises back to a standard where they could be relet. As indicated in the Ace Property Management case above, that is not the standard required of a tenant leaving premises. The standard of “reasonably clean and tidy” is generally accepted as being a lower standard than that required to relet a property. I have accordingly reduced the claims to delete the claims relating to getting the premises to that higher standard.
I accept that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. I consider that a reasonable claim for interior cleaning and rubbish removal would be $300.00 and $400.00 for exterior cleaning.
The amounts ordered are proved.
As [The landlord/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been substantially successful and suppression of the landlord details is ordered.

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 4682110 — net $1,698.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,784.35	Rent arrears
Water rates	$143.27	Water rates
Cleaning	$300.00	Cleaning
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,698.06
Total payable by Tenant to Landlord	$1,698.06

Claims and awards for application 4682110 — net $1,698.06 NZD. Verify on MoJ.

Rent arrears

Amount: $2,784.35
Awarded to: Landlord
Reason: Rent arrears

Water rates

Amount: $143.27
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

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

Net award

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Water Rates

Order

Barry Needham must pay [The landlord/s] $1,698.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,950.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this remote teleconference hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls could not be connected. The Tribunal may hear a matter in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
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 on 19 September 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $ 2,784.35 for rent and $143.27 for water rates.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: “A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters”.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The landlord explained that the invoices for interior and exterior cleaning were to bring the premises back to a standard where they could be relet. As indicated in the Ace Property Management case above, that is not the standard required of a tenant leaving premises. The standard of “reasonably clean and tidy” is generally accepted as being a lower standard than that required to relet a property. I have accordingly reduced the claims to delete the claims relating to getting the premises to that higher standard.
I accept that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. I consider that a reasonable claim for interior cleaning and rubbish removal would be $300.00 and $400.00 for exterior cleaning.
The amounts ordered are proved.
As [The landlord/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been substantially successful and suppression of the landlord details is ordered.

Tenancy Tribunal case 4682110 — Rent arrears

At a glance

Tenancy Tribunal case 4682110 — 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