What was Tenancy Tribunal case 4768805 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $804.96 immediately, calculated as

How much money was awarded in case 4768805?

Cleaning: $86.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $10.90 awarded to landlord; Property Damage: $382.37 awarded to landlord; Rent Arrears: $1,250.00 awarded to landlord; Rubbish Removal: $55.00 awarded to landlord

What type of tenancy dispute was case 4768805?

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

Where can I read the official tribunal order for case 4768805?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10164348-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4768805 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $804.96 immediately, calculated as

How much money was awarded in case 4768805?

Cleaning: $86.25 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $10.90 awarded to landlord; Property Damage: $382.37 awarded to landlord; Rent Arrears: $1,250.00 awarded to landlord; Rubbish Removal: $55.00 awarded to landlord

What type of tenancy dispute was case 4768805?

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

Where can I read the official tribunal order for case 4768805?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10164348-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4768805 — Rent arrears

Claims and awards in Tenancy Tribunal application 4768805 — net $804.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 7/12/24	$1,250.00	Rent arrears (to 7/12/24
Rubbish removal	$55.00	Rubbish removal
Cleaning	$86.25	Cleaning
Key replacement	$10.90	Key replacement
Lock replacement	$382.37	Lock replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$804.96
Total payable by Tenant to Landlord	$804.96

Order

[The tenant/s] must pay [The landlord/s] $804.96 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. [The landlord’s representative] represented the landlord.
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 however in October 2023 [Tenant 1] moved out for personal reasons and her and [Tenant 2] (the other tenant) were not getting on. She unfortunately however did not give [The landlord’s representative] written notice that she was leaving. The reason she says she did this is that she thought her support worker from [redacted] would do so for her, as that is what she had been told.
Unfortunately, the support worker did not give her notice and [The landlord’s representative] did tell [Tenant 1] a number of times that she was the one who needed to email her to let her know she wanted to move out and even told her specifically how she could do that. When it was clear that [Tenant 1] was not going to email in her notice, [The landlord’s representative] took the pragmatic step of having [Tenant 2] give notice to end the tenancy which then happened quickly. In fact, [Tenant 2] has stayed on under another tenancy, but this action was taken so [Tenant 1] would not owe too much in rent arrears.
Given that [Tenant 1] did not give [The landlord’s representative] notice she was leaving, she is liable for the rent arrears. A full discussion was had at the hearing to explain why she did need to give the notice herself and she is clear she will do so next time. As the rent arrears are solely hers ([Tenant 2] was paying his rent at the time), [Tenant 1] is solely liable for the debt.

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

At the end of a tenancy section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) says that 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.
At the end of the tenancy [The landlord’s representative] found [Tenant 1]’s room in a messy and dirty state. [Tenant 1] says that she left it very clean and tidy, but that [Tenant 2] must have come in and messed up her room and belongings as he was known to come into her room on many occasions without permission and take her belongings.
[Tenant 1] agrees that she did leave some items at the property and so agrees to the small charge there is for removing her belongings into the garage to await her collection. She does not agree however to pay for the cleaning because she says she did not make the mess.
I provided [Tenant 1] with some time after the hearing to give me photos of how she left her room. However, as these were not provided I must make a decision on the evidence I do have, which is of a very untidy and unclean room.
[The landlord’s representative] says that [Tenant 2] is very clean and tidy, but her experience of [Tenant 1]’s room was that it was not kept in the same way. She says, on her knowledge of [Tenant 2], that it is unlikely he messed up [Tenant 1]’s room as she says he is a very peaceful person.
[Tenant 1]’s room was her responsibility, and she did just leave and did not ensure it was returned in a clean way to the landlord. The photos establish that it had not been cleaned at all when [Tenant 1] left and likely not before that either, and she vacated with a number of belongings scattered around the room. Therefore, I am satisfied that she should pay the cleaning fee.
The landlord has also made two claims relating to the keys. The first was for a replacement key as they did not receive [Tenant 1]’s back. The second is to subsequently replace all the locks as [The landlord’s representative] says it was reported to her that [Tenant 1] continually kept coming to the property without permission which was upsetting and confronting for [Tenant 2].
[Tenant 1] says she only wanted her belongings to be returned to her and she thought some were in [Tenant 2]’s room. She says her friend [redacted] went over once and she went over once and both times they were let into the house by [Tenant 2]. She says she left her key in the letterbox and told [Tenant 2] to tell [The landlord’s representative] that.
Given [Tenant 1] did not advise [The landlord’s representative] she had left the key in the letterbox or give it directly to her, it is reasonable she pay the cost of obtaining another key.
It has been established that [Tenant 1] did attend the property after the tenancy had ended and the Police were involved. For this she was warned not to come again without having a time approved first. A friend did come again on a day [Tenant 1] had arranged to collect her belongings, just not at the right time. The owner did say the next time she came she would be trespassed given the way she had acted.
I can see from the communications that [The landlord’s representative] has gone over and beyond to try and simplify the process for [Tenant 1] to collect her belongings however difficulties have arisen. The situation remains that [The landlord’s representative] was asking for the return of the key and [Tenant 1] was not responding to that request. She then attended the home at least twice to collect her belongings in a confrontational manner and without permission.
The Christmas break was impending, and [Tenant 1]’s belongings remained in the home. It is understandable therefore that there was some apprehension as to whether [Tenant 1] would let herself into the home over that time (given they thought she still had a key) which was a risk for the remaining tenants.
Accordingly, I find it reasonable and justified that [Tenant 1] be liable for the cost of changing the locks.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Because of the health issues of the tenants involved in this matter, it is inappropriate for their names to be published. I therefore, pursuant to section 95A of the RTA, direct that identifying details of all parties be suppressed from the published order.

Claims and awards in Tenancy Tribunal application 4768805 — net $804.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 7/12/24	$1,250.00	Rent arrears (to 7/12/24
Rubbish removal	$55.00	Rubbish removal
Cleaning	$86.25	Cleaning
Key replacement	$10.90	Key replacement
Lock replacement	$382.37	Lock replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$804.96
Total payable by Tenant to Landlord	$804.96

Order

[The tenant/s] must pay [The landlord/s] $804.96 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. [The landlord’s representative] represented the landlord.
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 however in October 2023 [Tenant 1] moved out for personal reasons and her and [Tenant 2] (the other tenant) were not getting on. She unfortunately however did not give [The landlord’s representative] written notice that she was leaving. The reason she says she did this is that she thought her support worker from [redacted] would do so for her, as that is what she had been told.
Unfortunately, the support worker did not give her notice and [The landlord’s representative] did tell [Tenant 1] a number of times that she was the one who needed to email her to let her know she wanted to move out and even told her specifically how she could do that. When it was clear that [Tenant 1] was not going to email in her notice, [The landlord’s representative] took the pragmatic step of having [Tenant 2] give notice to end the tenancy which then happened quickly. In fact, [Tenant 2] has stayed on under another tenancy, but this action was taken so [Tenant 1] would not owe too much in rent arrears.
Given that [Tenant 1] did not give [The landlord’s representative] notice she was leaving, she is liable for the rent arrears. A full discussion was had at the hearing to explain why she did need to give the notice herself and she is clear she will do so next time. As the rent arrears are solely hers ([Tenant 2] was paying his rent at the time), [Tenant 1] is solely liable for the debt.

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

At the end of a tenancy section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) says that 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.
At the end of the tenancy [The landlord’s representative] found [Tenant 1]’s room in a messy and dirty state. [Tenant 1] says that she left it very clean and tidy, but that [Tenant 2] must have come in and messed up her room and belongings as he was known to come into her room on many occasions without permission and take her belongings.
[Tenant 1] agrees that she did leave some items at the property and so agrees to the small charge there is for removing her belongings into the garage to await her collection. She does not agree however to pay for the cleaning because she says she did not make the mess.
I provided [Tenant 1] with some time after the hearing to give me photos of how she left her room. However, as these were not provided I must make a decision on the evidence I do have, which is of a very untidy and unclean room.
[The landlord’s representative] says that [Tenant 2] is very clean and tidy, but her experience of [Tenant 1]’s room was that it was not kept in the same way. She says, on her knowledge of [Tenant 2], that it is unlikely he messed up [Tenant 1]’s room as she says he is a very peaceful person.
[Tenant 1]’s room was her responsibility, and she did just leave and did not ensure it was returned in a clean way to the landlord. The photos establish that it had not been cleaned at all when [Tenant 1] left and likely not before that either, and she vacated with a number of belongings scattered around the room. Therefore, I am satisfied that she should pay the cleaning fee.
The landlord has also made two claims relating to the keys. The first was for a replacement key as they did not receive [Tenant 1]’s back. The second is to subsequently replace all the locks as [The landlord’s representative] says it was reported to her that [Tenant 1] continually kept coming to the property without permission which was upsetting and confronting for [Tenant 2].
[Tenant 1] says she only wanted her belongings to be returned to her and she thought some were in [Tenant 2]’s room. She says her friend [redacted] went over once and she went over once and both times they were let into the house by [Tenant 2]. She says she left her key in the letterbox and told [Tenant 2] to tell [The landlord’s representative] that.
Given [Tenant 1] did not advise [The landlord’s representative] she had left the key in the letterbox or give it directly to her, it is reasonable she pay the cost of obtaining another key.
It has been established that [Tenant 1] did attend the property after the tenancy had ended and the Police were involved. For this she was warned not to come again without having a time approved first. A friend did come again on a day [Tenant 1] had arranged to collect her belongings, just not at the right time. The owner did say the next time she came she would be trespassed given the way she had acted.
I can see from the communications that [The landlord’s representative] has gone over and beyond to try and simplify the process for [Tenant 1] to collect her belongings however difficulties have arisen. The situation remains that [The landlord’s representative] was asking for the return of the key and [Tenant 1] was not responding to that request. She then attended the home at least twice to collect her belongings in a confrontational manner and without permission.
The Christmas break was impending, and [Tenant 1]’s belongings remained in the home. It is understandable therefore that there was some apprehension as to whether [Tenant 1] would let herself into the home over that time (given they thought she still had a key) which was a risk for the remaining tenants.
Accordingly, I find it reasonable and justified that [Tenant 1] be liable for the cost of changing the locks.
Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
Because of the health issues of the tenants involved in this matter, it is inappropriate for their names to be published. I therefore, pursuant to section 95A of the RTA, direct that identifying details of all parties be suppressed from the published order.

Tenancy Tribunal case 4768805 — Rent arrears

At a glance

Tenancy Tribunal case 4768805 — 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