What was the outcome of Tenancy Tribunal case 4705809?

The tribunal order states: Kevin Rennie must pay Crockers Property Management Limited as Agent for

How much money was awarded in case 4705809?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $439.45 awarded to landlord; Rent Arrears: $1,800.71 awarded to landlord; Rubbish Removal: $897.00 awarded to landlord; Water Rates: $48.23 awarded to landlord

What type of tenancy dispute was case 4705809?

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

Where can I read the official tribunal order for case 4705809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9997016-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4705809?

The tribunal order states: Kevin Rennie must pay Crockers Property Management Limited as Agent for

How much money was awarded in case 4705809?

Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Property Damage: $439.45 awarded to landlord; Rent Arrears: $1,800.71 awarded to landlord; Rubbish Removal: $897.00 awarded to landlord; Water Rates: $48.23 awarded to landlord

What type of tenancy dispute was case 4705809?

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

Where can I read the official tribunal order for case 4705809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9997016-Tenancy_Tribunal_Order.pdf.

35 Heretaunga Avenue, Onehunga, Auckland 1061 Tenancy Tribunal Case 4705809 — Rent arrears

Claims and awards in Tenancy Tribunal application 4705809 — net $1,815.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,800.71	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$48.23	Water rates
Garden tidy and lawns	$200.00	Garden tidy and lawns
Lock/key replacement	$439.45	Lock/key replacement
Rubbish removal	$897.00	Rubbish removal
Net award	$1,815.83
Total payable by Tenant to Landlord	$1,815.83

Order

Kevin Rennie must pay Crockers Property Management Limited as Agent for Andrew and Megan Clemow $1,815.83 immediately being rent arrears to 14 August 2023, water bills, replacement locks, garden tidy, rubbish removal and reimbursement of the filing fee, as calculated and shown in table below. DescriptionLandlord Rent arrears$1,800.71 Filing fee reimbursement$20.44 Water rates$48.23 Garden tidy and lawns$200.00 Lock/key replacement$439.45 Rubbish removal$897.00 Total award$3,405.83 Minus Bond$1,590.00 Total payable by Tenant to Landlord$1,815.83
The Bond Centre is to pay the bond of $1,590.00 (3275433-007) to Crockers Property Management Limited as Agent for Andrew and Megan Clemow immediately.
I am dismissing the landlords claim for the cleaning costs.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background:
The tenancy commenced on 16 April 2017. The tenant was given a 90-day notice to terminate the tenancy. The tenancy was due to end on 9 June 2023.
I asked the landlord why there was a 90-day notice served on the tenant and was told that the owners were doing a full renovation of the property and replacing the roof.
The tenant did not leave the property on 9 June 2023 and the landlord applied to the Tribunal for an order for immediate possession property.
On 28 June 2023 Adjudicator Brennan ordered possession of the property to the landlord. The tenant turned up after the hearing had concluded. The tenant had an issue with public transport while getting to the hearing, and so he arrived late.
The tenant did not file a rehearing application nor a cross application. Throughout this hearing the tenant talked about the unlawful 90-day notice and issues with the property. I advised him that I could not consider any of those matters as he had not filed an application with Tenancy Services.
The tenant did not leave the property until he was served with an eviction notice on 14 August 2023. The tenant said he had left on the 12 th of August 2023.
The landlord claims vacated costs, water and rent arrears as at the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 14 August 2023. The landlord provided rent records and water rates invoices which prove the amount of $1800.71 in rent arrears and $48.23 in water bills owing at the end of the tenancy.
The tenant accepts that he owes the water bills but disputes the amount of rent arrears. The tenant says he left on 12 August 2023 and not 14 th August 2023 and so should not have to pay for the other two days rent.
The landlord had to engage the services of the bailiff to evict the tenant. The eviction notice was dated 14 August 2023 and so I take the end of the tenancy to be that date and not the 12 August 2023.
I am satisfied that the landlord has proven their claim for the water bills and rent arrears.

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 must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord has provided an exit inspection report and photographs of the property on 17 August 2023.
The interior of the property looks generally clean and tidy other than the toilet, shower and oven.
The landlord provided an invoice for $621.00 for cleaning dated 23 August 2023.
The tenant disputes having to pay this cleaning invoice as he said he cleaned the property before he left. However, that there were painters who moved into the house on the 14 th of August 2023, and they used the toilet, bathroom and kitchen while doing the renovation work. The tenant says the cleaning costs should not be on him as he left the place clean and tidy. Furthermore, that after the painters had completed their “full renovation,” cleaning would be required.
The landlord claims that there were painters in the house after the tenant left but that was a while after the end of the tenancy and not two days later. The landlord was not able to advise when the painters moved into the property.
I am not satisfied that the landlord has proven his claim for the cleaning costs, and I am dismissing this claim. Garden and lawns:
The landlord provided photos of the garden and lawns and an invoice for $200.00 dated 19 August 2023 for garden tidying.
The tenant says that he had mowed the lawns, but that it was a week or so before he left the property. The inspection was carried out on 17 August 2023 and the photos do show the lawns needed mowing and the garden was messy.
The tenancy agreement states that the lawns must be mowed every two weeks and the gardens kept tidy. The gardens were not tidy, and the lawns needed mowing at the end of the tenancy.
I am satisfied that the landlord has proven his claim for the lawns and garden tidy. Lock and key replacement
After the eviction notice was served the tenant left the property leaving the house keys on the kitchen bench. The tenant says that as he returned the keys at the end of the tenancy and that he should not have to pay for the cost of the replacement keys.
The landlord says that it is normal practice once a tenant is evicted to change all the locks to ensure that they do not enter the property again. That is a reasonable precaution for a landlord to take once an eviction has been required to remove a tenant.
The landlord has proved the Tribunal with and invoice for $439.45 from Manukau Lock and Alarm Ltd dated 15 August 2023.
I am satisfied that the landlord has proven their claim for the key and locksmith charges. Rubbish Removal:
The landlord has provided photos of the rubbish left in the garage and around the outside of the property. The photos show an extensive amount of property and rubbish left by the tenant at the end of the tenancy.
The landlord has provided an invoice from 0508 Any Junk dated 29 September 2023 for $897.00 to remove and dispose of rubbish on the property.
The tenant accepts that he left his possessions and rubbish at the property. However, he claims that a lot of the items were not rubbish and he intended to remove them. There had been discussions between the landlord and tenant about rubbish removal, but the tenant had not followed through on arrangements made.
The tenant accepts his items were still at the property in mid to late September 2023.
I am satisfied that the landlord has proven his claim for rubbish removal. Bond:
The bond is to be refunded to the landlord to offset the debt owed by the tenant. Filing fee:
Because Crockers Property Management Limited as Agent for Andrew and Megan Clemow has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4705809 — net $1,815.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,800.71	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$48.23	Water rates
Garden tidy and lawns	$200.00	Garden tidy and lawns
Lock/key replacement	$439.45	Lock/key replacement
Rubbish removal	$897.00	Rubbish removal
Net award	$1,815.83
Total payable by Tenant to Landlord	$1,815.83

Order

Kevin Rennie must pay Crockers Property Management Limited as Agent for Andrew and Megan Clemow $1,815.83 immediately being rent arrears to 14 August 2023, water bills, replacement locks, garden tidy, rubbish removal and reimbursement of the filing fee, as calculated and shown in table below. DescriptionLandlord Rent arrears$1,800.71 Filing fee reimbursement$20.44 Water rates$48.23 Garden tidy and lawns$200.00 Lock/key replacement$439.45 Rubbish removal$897.00 Total award$3,405.83 Minus Bond$1,590.00 Total payable by Tenant to Landlord$1,815.83
The Bond Centre is to pay the bond of $1,590.00 (3275433-007) to Crockers Property Management Limited as Agent for Andrew and Megan Clemow immediately.
I am dismissing the landlords claim for the cleaning costs.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background:
The tenancy commenced on 16 April 2017. The tenant was given a 90-day notice to terminate the tenancy. The tenancy was due to end on 9 June 2023.
I asked the landlord why there was a 90-day notice served on the tenant and was told that the owners were doing a full renovation of the property and replacing the roof.
The tenant did not leave the property on 9 June 2023 and the landlord applied to the Tribunal for an order for immediate possession property.
On 28 June 2023 Adjudicator Brennan ordered possession of the property to the landlord. The tenant turned up after the hearing had concluded. The tenant had an issue with public transport while getting to the hearing, and so he arrived late.
The tenant did not file a rehearing application nor a cross application. Throughout this hearing the tenant talked about the unlawful 90-day notice and issues with the property. I advised him that I could not consider any of those matters as he had not filed an application with Tenancy Services.
The tenant did not leave the property until he was served with an eviction notice on 14 August 2023. The tenant said he had left on the 12 th of August 2023.
The landlord claims vacated costs, water and rent arrears as at the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 14 August 2023. The landlord provided rent records and water rates invoices which prove the amount of $1800.71 in rent arrears and $48.23 in water bills owing at the end of the tenancy.
The tenant accepts that he owes the water bills but disputes the amount of rent arrears. The tenant says he left on 12 August 2023 and not 14 th August 2023 and so should not have to pay for the other two days rent.
The landlord had to engage the services of the bailiff to evict the tenant. The eviction notice was dated 14 August 2023 and so I take the end of the tenancy to be that date and not the 12 August 2023.
I am satisfied that the landlord has proven their claim for the water bills and rent arrears.

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 must also replace standard light bulbs.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord has provided an exit inspection report and photographs of the property on 17 August 2023.
The interior of the property looks generally clean and tidy other than the toilet, shower and oven.
The landlord provided an invoice for $621.00 for cleaning dated 23 August 2023.
The tenant disputes having to pay this cleaning invoice as he said he cleaned the property before he left. However, that there were painters who moved into the house on the 14 th of August 2023, and they used the toilet, bathroom and kitchen while doing the renovation work. The tenant says the cleaning costs should not be on him as he left the place clean and tidy. Furthermore, that after the painters had completed their “full renovation,” cleaning would be required.
The landlord claims that there were painters in the house after the tenant left but that was a while after the end of the tenancy and not two days later. The landlord was not able to advise when the painters moved into the property.
I am not satisfied that the landlord has proven his claim for the cleaning costs, and I am dismissing this claim. Garden and lawns:
The landlord provided photos of the garden and lawns and an invoice for $200.00 dated 19 August 2023 for garden tidying.
The tenant says that he had mowed the lawns, but that it was a week or so before he left the property. The inspection was carried out on 17 August 2023 and the photos do show the lawns needed mowing and the garden was messy.
The tenancy agreement states that the lawns must be mowed every two weeks and the gardens kept tidy. The gardens were not tidy, and the lawns needed mowing at the end of the tenancy.
I am satisfied that the landlord has proven his claim for the lawns and garden tidy. Lock and key replacement
After the eviction notice was served the tenant left the property leaving the house keys on the kitchen bench. The tenant says that as he returned the keys at the end of the tenancy and that he should not have to pay for the cost of the replacement keys.
The landlord says that it is normal practice once a tenant is evicted to change all the locks to ensure that they do not enter the property again. That is a reasonable precaution for a landlord to take once an eviction has been required to remove a tenant.
The landlord has proved the Tribunal with and invoice for $439.45 from Manukau Lock and Alarm Ltd dated 15 August 2023.
I am satisfied that the landlord has proven their claim for the key and locksmith charges. Rubbish Removal:
The landlord has provided photos of the rubbish left in the garage and around the outside of the property. The photos show an extensive amount of property and rubbish left by the tenant at the end of the tenancy.
The landlord has provided an invoice from 0508 Any Junk dated 29 September 2023 for $897.00 to remove and dispose of rubbish on the property.
The tenant accepts that he left his possessions and rubbish at the property. However, he claims that a lot of the items were not rubbish and he intended to remove them. There had been discussions between the landlord and tenant about rubbish removal, but the tenant had not followed through on arrangements made.
The tenant accepts his items were still at the property in mid to late September 2023.
I am satisfied that the landlord has proven his claim for rubbish removal. Bond:
The bond is to be refunded to the landlord to offset the debt owed by the tenant. Filing fee:
Because Crockers Property Management Limited as Agent for Andrew and Megan Clemow has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4705809 — Rent arrears at 35 Heretaunga Avenue, Onehunga, Auckland 1061

At a glance

Tenancy Tribunal case 4705809 — Rent arrears at 35 Heretaunga Avenue, Onehunga, Auckland 1061

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

Property management

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

Property management

Frequently asked questions