What was Tenancy Tribunal case 4734730 about?

The tribunal order states: Fleur Alexia Taylor must pay [The landlord/s] $1,922.44, calculated as shown in

How much money was awarded in case 4734730?

Cleaning: $678.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Rent Arrears: $1,023.50 awarded to landlord

What type of tenancy dispute was case 4734730?

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

Where can I read the official tribunal order for case 4734730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9849604-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4734730 about?

The tribunal order states: Fleur Alexia Taylor must pay [The landlord/s] $1,922.44, calculated as shown in

How much money was awarded in case 4734730?

Cleaning: $678.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $200.00 awarded to landlord; Rent Arrears: $1,023.50 awarded to landlord

What type of tenancy dispute was case 4734730?

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

Where can I read the official tribunal order for case 4734730?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9849604-Tribunal_Order_Redacted.pdf.

3B Pullar Place, Fordlands, Rotorua 3015 Tenancy Tribunal Case 4734730 — Rent arrears

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3B Pullar Place, Fordlands, Rotorua 3015 Tenancy Tribunal Case 4734730 — 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 4734730 — net $1,922.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,023.50	Rent arrears
Garden work and remediation by consent	$200.00	Garden work and remediation by consent
Cleaning	$678.50	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,922.44
Total payable by Tenant to Landlord	$1,922.44

Claims and awards for application 4734730 — net $1,922.44 NZD. Verify on MoJ.

Rent arrears

Amount: $1,023.50
Awarded to: Landlord
Reason: Rent arrears

Garden work and remediation by consent

Amount: $200.00
Awarded to: Landlord
Reason: Garden work and remediation by consent

Cleaning

Amount: $678.50
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

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

Net award

Landlord $1,922.44

Total payable by Tenant to Landlord

Landlord $1,922.44

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears

Order

Fleur Alexia Taylor must pay [The landlord/s] $1,922.44, calculated as shown in table below:
The above debt will be paid to the landlord by way of $50.00 weekly payments, commencing on 26 January 2024, and being paid each week no later than the Friday. If the tenant misses any of those weekly payments, then the entire remaining debt will be payable immediately, and the landlord can enforce collection of the remaining debt in its entirety.

Reasons

DescriptionLandlord Rent arrears$1,023.50 Garden work and remediation by consent$200.00 Cleaning$678.50 Filing fee reimbursement$20.44 Total award$1,922.44 Total payable by Tenant to Landlord$1,922.44

The Tribunal must consider an application filed by the landlord. The tenancy has ended. The landlord seeks an order for the payment of rent arrears and other costs at the end of the tenancy.
Both parties appeared at the hearing today, albeit the landlord attended in person, with the tenant on the phone.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears, which are now $1,023.50, following release of the bond. The tenant does not dispute this claim, which is ordered in full.

CLEANING AND RUBBISH REMOVAL

The landlord seeks an order for the payment of two invoices: a. Cleaning and carpet cleaning from Kiwi Soft Wash, for $678.50, comprising house cleaning of $375.00 and carpet cleaning of $215.00 (excluding GST); and b. Rubbish removal and repairs from Dylan’s Home and Property Maintenance. The total invoiced amount is $235.00.
Following discussion at the hearing, both parties agreed that the tenant is liable for $200.00 of the invoice from Dylan’s Home and Property, so that $200.00 is ordered by consent.
What remains is a dispute in relation to the Kiwi Soft Wash account. The tenant disputes that the premises were not returned reasonably clean and tidy.
The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
Having considered the photographs at the start of the tenancy, against how the premises were returned at the end of the tenancy, I have determined that the premises were not returned reasonably clean and tidy. It was close however. In this case the general cleaning claim was $375.00 which would be consistent with a commercial cleaning charge where only modest cleaning work was needed, and that would fit with my impression of the photographs.
In relation to the carpets, the evidence was that the carpet was new at the start of the tenancy, and I accept there was staining to the carpet. It was reasonable for the landlord to have that commercially cleaned, as that would not represent the carpet being returned reasonably clean.
The result is that the tenant is ordered to pay the full amount for general cleaning and carpet cleaning.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

PAYMENT AGREEMENT

The parties have agreed the debt will be paid off at $50.00 every week. I direct the debt be paid that way. The first payment is to be made by Friday 26 January 2024, and will continue to be paid every Friday (if not earlier each week), until the debt is paid in full.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has been wholly successful, and has requested name suppression, so landlord name suppression 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 4734730 — net $1,922.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,023.50	Rent arrears
Garden work and remediation by consent	$200.00	Garden work and remediation by consent
Cleaning	$678.50	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,922.44
Total payable by Tenant to Landlord	$1,922.44

Claims and awards for application 4734730 — net $1,922.44 NZD. Verify on MoJ.

Rent arrears

Amount: $1,023.50
Awarded to: Landlord
Reason: Rent arrears

Garden work and remediation by consent

Amount: $200.00
Awarded to: Landlord
Reason: Garden work and remediation by consent

Cleaning

Amount: $678.50
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

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

Net award

Landlord $1,922.44

Total payable by Tenant to Landlord

Landlord $1,922.44

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears

Order

Fleur Alexia Taylor must pay [The landlord/s] $1,922.44, calculated as shown in table below:
The above debt will be paid to the landlord by way of $50.00 weekly payments, commencing on 26 January 2024, and being paid each week no later than the Friday. If the tenant misses any of those weekly payments, then the entire remaining debt will be payable immediately, and the landlord can enforce collection of the remaining debt in its entirety.

Reasons

The Tribunal must consider an application filed by the landlord. The tenancy has ended. The landlord seeks an order for the payment of rent arrears and other costs at the end of the tenancy.
Both parties appeared at the hearing today, albeit the landlord attended in person, with the tenant on the phone.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

RENT ARREARS

The landlord has applied for an order that the tenant pay rent arrears, which are now $1,023.50, following release of the bond. The tenant does not dispute this claim, which is ordered in full.

CLEANING AND RUBBISH REMOVAL

The landlord seeks an order for the payment of two invoices: a. Cleaning and carpet cleaning from Kiwi Soft Wash, for $678.50, comprising house cleaning of $375.00 and carpet cleaning of $215.00 (excluding GST); and b. Rubbish removal and repairs from Dylan’s Home and Property Maintenance. The total invoiced amount is $235.00.
Following discussion at the hearing, both parties agreed that the tenant is liable for $200.00 of the invoice from Dylan’s Home and Property, so that $200.00 is ordered by consent.
What remains is a dispute in relation to the Kiwi Soft Wash account. The tenant disputes that the premises were not returned reasonably clean and tidy.
The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
Having considered the photographs at the start of the tenancy, against how the premises were returned at the end of the tenancy, I have determined that the premises were not returned reasonably clean and tidy. It was close however. In this case the general cleaning claim was $375.00 which would be consistent with a commercial cleaning charge where only modest cleaning work was needed, and that would fit with my impression of the photographs.
In relation to the carpets, the evidence was that the carpet was new at the start of the tenancy, and I accept there was staining to the carpet. It was reasonable for the landlord to have that commercially cleaned, as that would not represent the carpet being returned reasonably clean.
The result is that the tenant is ordered to pay the full amount for general cleaning and carpet cleaning.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

PAYMENT AGREEMENT

The parties have agreed the debt will be paid off at $50.00 every week. I direct the debt be paid that way. The first payment is to be made by Friday 26 January 2024, and will continue to be paid every Friday (if not earlier each week), until the debt is paid in full.

NAME SUPPRESSION

The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has been wholly successful, and has requested name suppression, so landlord name suppression is ordered.

Tenancy Tribunal case 4734730 — Rent arrears at 3B Pullar Place, Fordlands, Rotorua 3015

At a glance

Tenancy Tribunal case 4734730 — Rent arrears at 3B Pullar Place, Fordlands, Rotorua 3015

At a glance

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

FILING FEE

PAYMENT AGREEMENT

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

RENT ARREARS

CLEANING AND RUBBISH REMOVAL

FILING FEE

PAYMENT AGREEMENT

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions