How much money was awarded in case 4693830?

Cleaning: $250.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $330.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rent Arrears: $2,507.00 awarded to landlord; Rubbish Removal: $487.52 awarded to landlord

What type of tenancy dispute was case 4693830?

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

Where can I read the official tribunal order for case 4693830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9544761-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4693830?

Cleaning: $250.00 awarded to landlord; Cleaning: $250.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $330.00 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rent Arrears: $2,507.00 awarded to landlord; Rubbish Removal: $487.52 awarded to landlord

What type of tenancy dispute was case 4693830?

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

Where can I read the official tribunal order for case 4693830?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9544761-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4693830 — Rent arrears

Q: What was Tenancy Tribunal case 4693830 about?

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

Order

Claims and awards in Tenancy Tribunal application 4693830 — net $1,394.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/9/23	$2,507.00	Rent arrears to 19/9/23
Carpet Cleaning	$250.00	Carpet Cleaning
Lock/key replacement	$150.00	Lock/key replacement
Lawns and Garden work	$330.00	Lawns and Garden work
Rubbish removal	$487.52	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$250.00	Carpet Cleaning
Net award	$1,394.96
Total payable by Tenant to Landlord	$1,394.96

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.

Arjah-Oiah A J Torea, Avaiki-Te-Poli-O-Rongo Uriataua-Cook, Koru Meihana June and Danica Ra Anderson must pay [The landlord/s] $1,394.96 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

[redacted] attended the hearing representing the landlord. There was no appearance for the tenants.

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 that ended when the tenants moved out. They advised the landlord they had left on the 15 th of September but fortuitously the landlord was able to secure replacement tenants to move in on the 20 th of September. Accordingly, the tenants are liable for rent up until 19 September which is the last day of their tenancy.

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

At the end of a tenancy tenants 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 (RTA).

The tenant's statutory obligation is to leave the premises reasonably clean and reasonably tidy. This is not an absolute standard and it does not mean that the premises will necessarily be ready for occupation by a new tenant straight away. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord.

The landlord established in evidence that the tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys. The house was unclean and there were stains on the carpets that have been established to have not been present at the commencement of the tenancy. There was some rubbish and old furniture left which did need to be disposed of. The front door key was given directly to the new tenants, but the back door key was not returned therefore the back door lock was replaced.

The amounts awarded for these breaches do need to be reasonable which means that if they are not consistent with other commercial rates that the Tribunal sees for work of this nature, they will be reduced to be in line with usual rates depending on the amount of work that does need to be undertaken. This is in line with a landlord’s obligation pursuant to s49 of the RTA to mitigate their losses, which means they must employ contractors that charge reasonable rates.

Given the above I have ordered the amounts sought although I have reduced the amount claimed for cleaning slightly. This is because on the photos provided to me, the amount claimed of $320 is excessive. This was a 3 bedroomed house and therefore was not large and the cleaning was not extensive.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and approved their application for suppression.

Claims and awards in Tenancy Tribunal application 4693830 — net $1,394.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19/9/23	$2,507.00	Rent arrears to 19/9/23
Carpet Cleaning	$250.00	Carpet Cleaning
Lock/key replacement	$150.00	Lock/key replacement
Lawns and Garden work	$330.00	Lawns and Garden work
Rubbish removal	$487.52	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$250.00	Carpet Cleaning
Net award	$1,394.96
Total payable by Tenant to Landlord	$1,394.96

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Arjah-Oiah A J Torea, Avaiki-Te-Poli-O-Rongo Uriataua-Cook, Koru Meihana June and Danica Ra Anderson must pay [The landlord/s] $1,394.96 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

[redacted] attended the hearing representing the landlord. There was no appearance for the tenants.
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 that ended when the tenants moved out. They advised the landlord they had left on the 15 th of September but fortuitously the landlord was able to secure replacement tenants to move in on the 20 th of September. Accordingly, the tenants are liable for rent up until 19 September which is the last day of their tenancy.

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

At the end of a tenancy tenants 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 (RTA).
The tenant's statutory obligation is to leave the premises reasonably clean and reasonably tidy. This is not an absolute standard and it does not mean that the premises will necessarily be ready for occupation by a new tenant straight away. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord.
The landlord established in evidence that the tenants did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys. The house was unclean and there were stains on the carpets that have been established to have not been present at the commencement of the tenancy. There was some rubbish and old furniture left which did need to be disposed of. The front door key was given directly to the new tenants, but the back door key was not returned therefore the back door lock was replaced.
The amounts awarded for these breaches do need to be reasonable which means that if they are not consistent with other commercial rates that the Tribunal sees for work of this nature, they will be reduced to be in line with usual rates depending on the amount of work that does need to be undertaken. This is in line with a landlord’s obligation pursuant to s49 of the RTA to mitigate their losses, which means they must employ contractors that charge reasonable rates.
Given the above I have ordered the amounts sought although I have reduced the amount claimed for cleaning slightly. This is because on the photos provided to me, the amount claimed of $320 is excessive. This was a 3 bedroomed house and therefore was not large and the cleaning was not extensive.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and approved their application for suppression.

Tenancy Tribunal case 4693830 — Rent arrears

At a glance

Tenancy Tribunal case 4693830 — Rent arrears

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