What was the outcome of Tenancy Tribunal case 4714670?

The tribunal order states: Enosa Simi Malaga and Redini Fred must pay Tbt Property Management

How much money was awarded in case 4714670?

Cleaning: $92.00 awarded to landlord; Cleaning: $207.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,278.57 awarded to landlord; Rubbish Removal: $360.00 awarded to landlord; Water Rates: $618.28 awarded to landlord

What type of tenancy dispute was case 4714670?

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

Where can I read the official tribunal order for case 4714670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10528842-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4714670?

The tribunal order states: Enosa Simi Malaga and Redini Fred must pay Tbt Property Management

How much money was awarded in case 4714670?

Cleaning: $92.00 awarded to landlord; Cleaning: $207.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,278.57 awarded to landlord; Rubbish Removal: $360.00 awarded to landlord; Water Rates: $618.28 awarded to landlord

What type of tenancy dispute was case 4714670?

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

Where can I read the official tribunal order for case 4714670?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10528842-Tribunal_Order.pdf.

20 Great South Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 4714670 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4714670 — net $996.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 October 2023	$2,278.57	Rent arrears to 25 October 2023
Previous order application 4601693 dated 05/07/2023 (filing fee only	$20.44	Previous order application 4601693 dated 05/07/2023 (filing fee only
Water rates to 25 October 2023	$618.28	Water rates to 25 October 2023
Carpet Cleaning (orange stain	$92.00	Carpet Cleaning (orange stain
Rubbish removal in garden and lawn mowing	$360.00	Rubbish removal in garden and lawn mowing
Cleaning	$207.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$996.73
Total payable by Tenant to Landlord	$996.73

Enosa Simi Malaga and Redini Fred must pay Tbt Property Management Limited $996.73 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 5 July 2023 under application 4601693.

The Bond Centre is to pay the bond of $2,600.00 (6467654-003) to Tbt Property Management Limited immediately.

Reasons

Only the landlord attended the hearing, represented by Ms Sharma. There was no appearance by the tenants. I am satisfied that the tenants have been served with this application and received notice of the hearing and so the hearing continued in the tenants’ absence.

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 25 October 2023. The landlord provided rent records proving that the amount of $2,278.57 was outstanding at the end of the tenancy. The landlord provided water rates invoices and a summary document proving that water rates of $618.28 are owing to the end of tenancy.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord produced both ingoing and outgoing inspection photos showing the state of the property at the start and end of the tenancy.

There was additional cleaning required in the kitchen and bathroom. In the other rooms vacuuming was required and the windowsills and skirtings required cleaning. The landlord produced an invoice in the amount of $207.00 for cleaning. This invoice is reasonable and the claim is proved.

There was also an orange stain on the carpet in the lounge. The landlord produced an invoice in the amount of $92.00 for carpet cleaning. This invoice is reasonable and the claim is proved.

The tenant left a large amount of rubbish outside and in the garden and the lawns were very long and untidy. The landlord produced and invoice for rubbish removal and lawnmowing in the amount of $360.00 for rubbish removal and lawnmowing. This invoice is reasonable and the claim is proved.

The amounts ordered are proved.

I note for completeness that the landlord wrote to the tenants at the end of the tenancy on 30 October 2023 advising that their cleaners and tradespeople would need to attend at the property and that the tenants would be charged. One of the tenants the responded by email to say “Yes I agree to that, thank you”. However it appears that the tenants have moved out of Auckland and the landlord has not been able to contact them, which has led to this application being filed. Previous application

On 5 July 2023 the Tribunal made an order (4601693) relating to this tenancy, for rent and water arrears following a mediated settlement. The filing fee for that application was awarded as part of the agreed settlement. However the rent and water arrears were not paid as agreed and the tenancy then ended. The orders for rent and water arrears as set out in this order are total amounts owing by the tenants. However I have incorporated the filing fee ordered for the previous application as part this order.

Because Tbt Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee for this application.

Claims and awards in Tenancy Tribunal application 4714670 — net $996.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25 October 2023	$2,278.57	Rent arrears to 25 October 2023
Previous order application 4601693 dated 05/07/2023 (filing fee only	$20.44	Previous order application 4601693 dated 05/07/2023 (filing fee only
Water rates to 25 October 2023	$618.28	Water rates to 25 October 2023
Carpet Cleaning (orange stain	$92.00	Carpet Cleaning (orange stain
Rubbish removal in garden and lawn mowing	$360.00	Rubbish removal in garden and lawn mowing
Cleaning	$207.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$996.73
Total payable by Tenant to Landlord	$996.73

Order

Enosa Simi Malaga and Redini Fred must pay Tbt Property Management Limited $996.73 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 5 July 2023 under application 4601693.
The Bond Centre is to pay the bond of $2,600.00 (6467654-003) to Tbt Property Management Limited immediately.

Reasons

Only the landlord attended the hearing, represented by Ms Sharma. There was no appearance by the tenants. I am satisfied that the tenants have been served with this application and received notice of the hearing and so the hearing continued in the tenants’ absence.
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 25 October 2023. The landlord provided rent records proving that the amount of $2,278.57 was outstanding at the end of the tenancy. The landlord provided water rates invoices and a summary document proving that water rates of $618.28 are owing to the end of tenancy.

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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord produced both ingoing and outgoing inspection photos showing the state of the property at the start and end of the tenancy.
There was additional cleaning required in the kitchen and bathroom. In the other rooms vacuuming was required and the windowsills and skirtings required cleaning. The landlord produced an invoice in the amount of $207.00 for cleaning. This invoice is reasonable and the claim is proved.
There was also an orange stain on the carpet in the lounge. The landlord produced an invoice in the amount of $92.00 for carpet cleaning. This invoice is reasonable and the claim is proved.
The tenant left a large amount of rubbish outside and in the garden and the lawns were very long and untidy. The landlord produced and invoice for rubbish removal and lawnmowing in the amount of $360.00 for rubbish removal and lawnmowing. This invoice is reasonable and the claim is proved.
The amounts ordered are proved.
I note for completeness that the landlord wrote to the tenants at the end of the tenancy on 30 October 2023 advising that their cleaners and tradespeople would need to attend at the property and that the tenants would be charged. One of the tenants the responded by email to say “Yes I agree to that, thank you”. However it appears that the tenants have moved out of Auckland and the landlord has not been able to contact them, which has led to this application being filed. Previous application
On 5 July 2023 the Tribunal made an order (4601693) relating to this tenancy, for rent and water arrears following a mediated settlement. The filing fee for that application was awarded as part of the agreed settlement. However the rent and water arrears were not paid as agreed and the tenancy then ended. The orders for rent and water arrears as set out in this order are total amounts owing by the tenants. However I have incorporated the filing fee ordered for the previous application as part this order.
Because Tbt Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee for this application.

Tenancy Tribunal case 4714670 — Rent arrears at 20 Great South Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 4714670 — Rent arrears at 20 Great South Road, Manurewa, Auckland 2102

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