What was Tenancy Tribunal case 4744630 about?

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

How much money was awarded in case 4744630?

Break Lease Fee: $565.00 awarded to landlord; Cleaning: $770.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $28,171.43 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Water Rates: $157.45 awarded to landlord

What type of tenancy dispute was case 4744630?

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

Where can I read the official tribunal order for case 4744630?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10367223-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4744630 about?

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

How much money was awarded in case 4744630?

Break Lease Fee: $565.00 awarded to landlord; Cleaning: $770.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $28,171.43 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Water Rates: $157.45 awarded to landlord

What type of tenancy dispute was case 4744630?

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

Where can I read the official tribunal order for case 4744630?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10367223-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4744630 — Rent arrears

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New Zealand Tenancy Tribunal Case 4744630 — 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 4744630 — net $22,184.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 11/02/24	$28,171.43	Rent arrears (to 11/02/24
Water rates: (to 12/12/23	$157.45	2. The landlord has applied for rent and water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Rubbish removal	$500.00	Rubbish removal
Cleaning (at one third of landlord’s claim	$770.00	Cleaning (at one third of landlord’s claim
Break lease fee	$565.00	Break lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$22,184.32
Total payable by Tenant to Landlord	$22,184.32

Claims and awards for application 4744630 — net $22,184.32 NZD. Verify on MoJ.

Rent arrears (to 11/02/24

Amount: $28,171.43
Awarded to: Landlord
Reason: Rent arrears (to 11/02/24

Water rates: (to 12/12/23

Amount: $157.45
Awarded to: Landlord
Reason: 2. The landlord has applied for rent and water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Rubbish removal

Amount: $500.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning (at one third of landlord’s claim

Amount: $770.00
Awarded to: Landlord
Reason: Cleaning (at one third of landlord’s claim

Break lease fee

Amount: $565.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both the Tenants’ and Landlord’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $22,184.32 immediately, calculated as shown in table below (“the debt”).
[The tenant/s] have agreed to repay the debt as follows: a. By [Tenant 1] and [Tenant 2] each making 221 weekly payments of $50.00 ($100.00 in total) every Friday, commencing on Friday 31 May 2024 and ending on Friday 25 August 2028; and b. By a final payment of $42.16 each ($84.32 in total), to fully repay the debt, to be paid on Friday 1 September 2028; and c. Where [Tenant 1] and [Tenant 2] financial circumstances improve or they are successful in having [Tenant 3] held accountable for his majority share of the debt, [Tenant 1] and [Tenant 2] have agreed to contact the landlord to make arrangements to increase the weekly amounts payable or pay the remaining debt off in a lump sum.

Reasons

Both parties attended the hearing. [Tenant 3] did not appear at the hearing. [Tenant 1] and [Tenant 2] appeared for the tenants.
The landlord has applied for rent and water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. Name suppression.
The landlord, being the wholly successful party is entitled to name suppression and made an application for suppression during the hearing for all parties to this matter.
[Tenant 1] and [Tenant 2] also made an application during the hearing for their names and identifying details to be suppressed. They have proven that they left the premises in a reasonably clean and tidy state and have found themselves in financial duress because of the dishonesty acts of their friend, flatmate and co- business owner who they claim scammed them and abandoned the rental premises leaving them to take responsibility for debts they have incurred solely because of his actions leading to them having to break the fixed term tenancy early and being unable to pay the rent and outgoings. The have confirmed to me they are taking legal steps to hold [Tenant 3] accountable for the alleged dishonesty offences against them and for the debt that has resulted from the ending of the fixed term tenancy early.
[Tenant 1] and [Tenant 2] have taken active steps to stand up and take responsibility for a debt that largely belongs to [Tenant 3]. I find that the public interest in this matter does not outweigh the significant duress publishing the tenants’ names could result in when they apply for future tenancies and other potential adverse impacts of having their names published. I therefore grant the tenants suppression of their names and identifying details.

How much is owed for rent and water rates?

The tenants entered a fixed term tenancy which commenced on 31 March 2023 and was due to end on 31 March 2024.
The property consisted of a large house, a cottage, a studio and a garage.
The tenants confirmed that [Tenant 1] resided in the upstairs of the main house, [Tenant 2] and his partner resided in the cottage and [Tenant 3] resided in the downstairs of the main house.
The tenants says that all three tenants were in a marketing business together and that [Tenant 3] engaged in dishonest conduct that resulted in significant financial losses to [Tenant 1] and [Tenant 2] and reputational damage that saw their business struggle to continue.
Further, [Tenant 1] and [Tenant 2] confirmed that [Tenant 3] abandoned the property and left them paying the rent on their own. The combination of the money the tenants allege [Tenant 3] scammed from them, the business folding and the two of them having to try to cover [Tenant 3]’s share of the rent, ultimately meant [Tenant 1] and [Tenant 2] could no longer afford the rent and had to end the fixed term tenancy early. This is when they say they began to get into rent arrears.
[Tenant 1] and [Tenant 2] moved out of the rental premises on 12 December 2023, as they could not afford the rent. A vacant property is easier to let than one that is still tenanted, and they wanted to give the landlord the best chance of finding new tenants for the property. They were not aware they would be held liable for the full rent until new tenants moved into the premises.
New tenants moved into the cottage on 3 February 2024 and into the main house on 12 February 2024.
The landlord provided rent records and water rates invoices which prove the amounts owing as of 11 February 2024.

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.
[Tenant 1] and [Tenant 2] left their areas of the premises reasonably clean and tidy. [Tenant 3] did not leave his area of the premises reasonably clean and tidy and did not remove all his rubbish.
The landlord has incurred costs in getting the house back to a rentable standard of cleanliness, much like the level of cleanliness required of a motel or hotel. A reasonable state of cleanliness does not mean spotless. A landlord will always be left undertaking certain amounts of cleaning to get a property to a lettable standard after a tenant has ended a tenancy, even when the tenant has left the premise in a reasonably clean and tidy state.
I have granted the landlord a third of the amount claimed for cleaning and rubbish removal as the photographic evidence produced by [Tenant 2] proves the cottage had mould on the ceilings and walls, had insect excrement on the ceilings and walls and was in an unkempt state at the commencement of the tenancy. He also confirmed the cottage required new carpet, curtains and a deep clean. [Tenant 2] and his partner had deep cleaned the cottage at the commencement and end of the tenancy and just after the tenancy began, the landlord had changed the carpets and curtains.
Similarly, [Tenant 1] provided evidence he had cleaned and tidied the main house as much as he could, but that [Tenant 3] area of the main house was left in a reasonably unclean and untidy state when he abandoned it. In coming to the one third award of the cleaning costs, I have accepted all the ovens required cleaning at the end of the tenancy.
I do not accept the tenants are responsible for cleaning the skirting boards and the corners of the ceilings.
The amounts ordered are proved.

Is the tenant responsible for the break lease fee?

I award compensation of $565.00 to the landlord, for the reasonable administration and advertising costs it incurred. I do not find that the tenants should be liable for property management related costs of attending property viewings and undertaking exit and entry inspections and drafting new tenancy agreements and dealing with lodging and getting bond monies released by the Bond Centre. As such I dismiss the landlord’s claims for $1,260.00 for attending viewings, drafting new tenancy documents, for undertaking exit and entry inspections or for administering bonds. There is no ability in the RTA for a landlord to charge a tenant with the cost of a property manager or agent to manage the premises (refer to section 11 of the RTA). These are a cost of doing business that landlord cannot pass on to the tenant. Reimbursement of the filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

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 4744630 — net $22,184.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 11/02/24	$28,171.43	Rent arrears (to 11/02/24
Water rates: (to 12/12/23	$157.45	2. The landlord has applied for rent and water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Rubbish removal	$500.00	Rubbish removal
Cleaning (at one third of landlord’s claim	$770.00	Cleaning (at one third of landlord’s claim
Break lease fee	$565.00	Break lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$22,184.32
Total payable by Tenant to Landlord	$22,184.32

Claims and awards for application 4744630 — net $22,184.32 NZD. Verify on MoJ.

Rent arrears (to 11/02/24

Amount: $28,171.43
Awarded to: Landlord
Reason: Rent arrears (to 11/02/24

Water rates: (to 12/12/23

Amount: $157.45
Awarded to: Landlord
Reason: 2. The landlord has applied for rent and water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Rubbish removal

Amount: $500.00
Awarded to: Landlord
Reason: Rubbish removal

Cleaning (at one third of landlord’s claim

Amount: $770.00
Awarded to: Landlord
Reason: Cleaning (at one third of landlord’s claim

Break lease fee

Amount: $565.00
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both the Tenants’ and Landlord’s name and identifying details.
[The tenant/s] must pay [The landlord/s] $22,184.32 immediately, calculated as shown in table below (“the debt”).
[The tenant/s] have agreed to repay the debt as follows: a. By [Tenant 1] and [Tenant 2] each making 221 weekly payments of $50.00 ($100.00 in total) every Friday, commencing on Friday 31 May 2024 and ending on Friday 25 August 2028; and b. By a final payment of $42.16 each ($84.32 in total), to fully repay the debt, to be paid on Friday 1 September 2028; and c. Where [Tenant 1] and [Tenant 2] financial circumstances improve or they are successful in having [Tenant 3] held accountable for his majority share of the debt, [Tenant 1] and [Tenant 2] have agreed to contact the landlord to make arrangements to increase the weekly amounts payable or pay the remaining debt off in a lump sum.

Reasons

Both parties attended the hearing. [Tenant 3] did not appear at the hearing. [Tenant 1] and [Tenant 2] appeared for the tenants.
The landlord has applied for rent and water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. Name suppression.
The landlord, being the wholly successful party is entitled to name suppression and made an application for suppression during the hearing for all parties to this matter.
[Tenant 1] and [Tenant 2] also made an application during the hearing for their names and identifying details to be suppressed. They have proven that they left the premises in a reasonably clean and tidy state and have found themselves in financial duress because of the dishonesty acts of their friend, flatmate and co- business owner who they claim scammed them and abandoned the rental premises leaving them to take responsibility for debts they have incurred solely because of his actions leading to them having to break the fixed term tenancy early and being unable to pay the rent and outgoings. The have confirmed to me they are taking legal steps to hold [Tenant 3] accountable for the alleged dishonesty offences against them and for the debt that has resulted from the ending of the fixed term tenancy early.
[Tenant 1] and [Tenant 2] have taken active steps to stand up and take responsibility for a debt that largely belongs to [Tenant 3]. I find that the public interest in this matter does not outweigh the significant duress publishing the tenants’ names could result in when they apply for future tenancies and other potential adverse impacts of having their names published. I therefore grant the tenants suppression of their names and identifying details.

How much is owed for rent and water rates?

The tenants entered a fixed term tenancy which commenced on 31 March 2023 and was due to end on 31 March 2024.
The property consisted of a large house, a cottage, a studio and a garage.
The tenants confirmed that [Tenant 1] resided in the upstairs of the main house, [Tenant 2] and his partner resided in the cottage and [Tenant 3] resided in the downstairs of the main house.
The tenants says that all three tenants were in a marketing business together and that [Tenant 3] engaged in dishonest conduct that resulted in significant financial losses to [Tenant 1] and [Tenant 2] and reputational damage that saw their business struggle to continue.
Further, [Tenant 1] and [Tenant 2] confirmed that [Tenant 3] abandoned the property and left them paying the rent on their own. The combination of the money the tenants allege [Tenant 3] scammed from them, the business folding and the two of them having to try to cover [Tenant 3]’s share of the rent, ultimately meant [Tenant 1] and [Tenant 2] could no longer afford the rent and had to end the fixed term tenancy early. This is when they say they began to get into rent arrears.
[Tenant 1] and [Tenant 2] moved out of the rental premises on 12 December 2023, as they could not afford the rent. A vacant property is easier to let than one that is still tenanted, and they wanted to give the landlord the best chance of finding new tenants for the property. They were not aware they would be held liable for the full rent until new tenants moved into the premises.
New tenants moved into the cottage on 3 February 2024 and into the main house on 12 February 2024.
The landlord provided rent records and water rates invoices which prove the amounts owing as of 11 February 2024.

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.
[Tenant 1] and [Tenant 2] left their areas of the premises reasonably clean and tidy. [Tenant 3] did not leave his area of the premises reasonably clean and tidy and did not remove all his rubbish.
The landlord has incurred costs in getting the house back to a rentable standard of cleanliness, much like the level of cleanliness required of a motel or hotel. A reasonable state of cleanliness does not mean spotless. A landlord will always be left undertaking certain amounts of cleaning to get a property to a lettable standard after a tenant has ended a tenancy, even when the tenant has left the premise in a reasonably clean and tidy state.
I have granted the landlord a third of the amount claimed for cleaning and rubbish removal as the photographic evidence produced by [Tenant 2] proves the cottage had mould on the ceilings and walls, had insect excrement on the ceilings and walls and was in an unkempt state at the commencement of the tenancy. He also confirmed the cottage required new carpet, curtains and a deep clean. [Tenant 2] and his partner had deep cleaned the cottage at the commencement and end of the tenancy and just after the tenancy began, the landlord had changed the carpets and curtains.
Similarly, [Tenant 1] provided evidence he had cleaned and tidied the main house as much as he could, but that [Tenant 3] area of the main house was left in a reasonably unclean and untidy state when he abandoned it. In coming to the one third award of the cleaning costs, I have accepted all the ovens required cleaning at the end of the tenancy.
I do not accept the tenants are responsible for cleaning the skirting boards and the corners of the ceilings.
The amounts ordered are proved.

Is the tenant responsible for the break lease fee?

I award compensation of $565.00 to the landlord, for the reasonable administration and advertising costs it incurred. I do not find that the tenants should be liable for property management related costs of attending property viewings and undertaking exit and entry inspections and drafting new tenancy agreements and dealing with lodging and getting bond monies released by the Bond Centre. As such I dismiss the landlord’s claims for $1,260.00 for attending viewings, drafting new tenancy documents, for undertaking exit and entry inspections or for administering bonds. There is no ability in the RTA for a landlord to charge a tenant with the cost of a property manager or agent to manage the premises (refer to section 11 of the RTA). These are a cost of doing business that landlord cannot pass on to the tenant. Reimbursement of the filing fee
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4744630 — Rent arrears

At a glance

Tenancy Tribunal case 4744630 — 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?

Is the tenant responsible for the break lease fee?

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?

Is the tenant responsible for the break lease fee?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions