What was the outcome of Tenancy Tribunal case 4789258?

The tribunal order states: Shyevana Herekuia-Phillips is to pay Realty Waikato Limited $1,681.95

How much money was awarded in case 4789258?

Cleaning: $1,122.50 awarded to landlord; Dump Fees: $61.20 awarded to landlord; Property Damage: $298.25 awarded to landlord; Rent 22 January 2024: $2,320.00 awarded to landlord

What type of tenancy dispute was case 4789258?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4789258?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9965877-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4789258?

The tribunal order states: Shyevana Herekuia-Phillips is to pay Realty Waikato Limited $1,681.95

How much money was awarded in case 4789258?

Cleaning: $1,122.50 awarded to landlord; Dump Fees: $61.20 awarded to landlord; Property Damage: $298.25 awarded to landlord; Rent 22 January 2024: $2,320.00 awarded to landlord

What type of tenancy dispute was case 4789258?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4789258?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9965877-Tribunal_Order.pdf.

4 Waipuna Place, Tokoroa, Tokoroa 3420 Tenancy Tribunal Case 4789258 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4789258. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent 22 January 2024	$2,320.00	Rent 22 January 2024
Cleaning (Interior, Exterior	$1,122.50	Cleaning (Interior, Exterior
Dump fees	$61.20	Dump fees
Lock replacement	$298.25	Lock replacement

Shyevana Herekuia-Phillips is to pay Realty Waikato Limited $1,681.95 immediately, calculated as follows: DescriptionLandlord Rent 22 January 2024$2,320.00 Cleaning (Interior, Exterior)$1,122.50 Dump fees$61.20 Lock replacement$298.25 Total award$3,801.95 Minus Bond$2,120.00 Tenant to pay $1,681.95

Bond Services is to pay the bond of $2,120.00 to Realty Waikato Limited.

Reasons

The Landlord attended the hearing.

The Landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date: s 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.

On 30 December 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The Tenant had moved from the property, leaving some property left behind, making it difficult to know whether she had abandoned the tenancy or not. The Landlord has been in communication with the Tenant, the Tenant’s sister, and the Tenant’s former neighbours, emailing the Tenant to report on their investigations and finding, tending to prove it was the Tenant’s intentions to leave the premises permanently.

I cannot put much weight on out-of-court statements. However, the property manager has been to the home on several occasions since, and the Tenant is never there, she says. The rent remains in arrears, and the Tenant cannot be contacted.

Against that background, I find the premises have been abandoned, and rent is in arrears. The tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice: $2,320.00

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

The Landlord has provided and invoice for cleaning the premises and removing items and rubbish left behind.

The invoice summary outlines a cleaning and clearance job involving both the exterior and interior of a property. Exterior tasks included removing a bike, scooter, broken outdoor furniture, miscellaneous items, and rubbish scattered around the property.

Interior work involved cleaning and organising the dining area, shelving units, a cracked standing mirror, and addressing clutter and rubbish in the laundry, bedrooms, and throughout the house.

Specific tasks included an interior house clean covering the kitchen, oven, bathroom, toilet, vacuuming, and mopping of hard floors. The garage requires removal of rubbish bags, a damaged recliner, broken drawers, a rusted wardrobe, and cleaning to address a maggot infestation due to rotten rubbish.

The sub-total for the services is $1,150.00, with a GST of 15% amounting to $172.50, bringing the total to $1,322.50.

Following my review of the Landlord’s photographs, showing the amount of rubbish and property which would have required removal I am satisfied the Landlord’s claim is established. I award $1,322.50.

I have deducted an amount equal to half of the proceeds from the sale of the tenant's property left at the premises, which amounts to $400.00. I applaud the landlord for selling these items on behalf of the tenant and acknowledge the property manager's efforts and time spent in handling this matter, which is reflected in my decision.

I award dump fees of $61.20.

The tenant did not return the keys. I award $298.25 to the Landlord for changing ranchslider and door locks and buying a padlock to make the premises more secure.

Claims and awards in Tenancy Tribunal application 4789258. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent 22 January 2024	$2,320.00	Rent 22 January 2024
Cleaning (Interior, Exterior	$1,122.50	Cleaning (Interior, Exterior
Dump fees	$61.20	Dump fees
Lock replacement	$298.25	Lock replacement

Order

Shyevana Herekuia-Phillips is to pay Realty Waikato Limited $1,681.95 immediately, calculated as follows: DescriptionLandlord Rent 22 January 2024$2,320.00 Cleaning (Interior, Exterior)$1,122.50 Dump fees$61.20 Lock replacement$298.25 Total award$3,801.95 Minus Bond$2,120.00 Tenant to pay $1,681.95
Bond Services is to pay the bond of $2,120.00 to Realty Waikato Limited.

Reasons

The Landlord attended the hearing.
The Landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date: s 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 30 December 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The Tenant had moved from the property, leaving some property left behind, making it difficult to know whether she had abandoned the tenancy or not. The Landlord has been in communication with the Tenant, the Tenant’s sister, and the Tenant’s former neighbours, emailing the Tenant to report on their investigations and finding, tending to prove it was the Tenant’s intentions to leave the premises permanently.
I cannot put much weight on out-of-court statements. However, the property manager has been to the home on several occasions since, and the Tenant is never there, she says. The rent remains in arrears, and the Tenant cannot be contacted.
Against that background, I find the premises have been abandoned, and rent is in arrears. The tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice: $2,320.00

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 tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The Landlord has provided and invoice for cleaning the premises and removing items and rubbish left behind.
The invoice summary outlines a cleaning and clearance job involving both the exterior and interior of a property. Exterior tasks included removing a bike, scooter, broken outdoor furniture, miscellaneous items, and rubbish scattered around the property.
Interior work involved cleaning and organising the dining area, shelving units, a cracked standing mirror, and addressing clutter and rubbish in the laundry, bedrooms, and throughout the house.
Specific tasks included an interior house clean covering the kitchen, oven, bathroom, toilet, vacuuming, and mopping of hard floors. The garage requires removal of rubbish bags, a damaged recliner, broken drawers, a rusted wardrobe, and cleaning to address a maggot infestation due to rotten rubbish.
The sub-total for the services is $1,150.00, with a GST of 15% amounting to $172.50, bringing the total to $1,322.50.
Following my review of the Landlord’s photographs, showing the amount of rubbish and property which would have required removal I am satisfied the Landlord’s claim is established. I award $1,322.50.
I have deducted an amount equal to half of the proceeds from the sale of the tenant's property left at the premises, which amounts to $400.00. I applaud the landlord for selling these items on behalf of the tenant and acknowledge the property manager's efforts and time spent in handling this matter, which is reflected in my decision.
I award dump fees of $61.20.
The tenant did not return the keys. I award $298.25 to the Landlord for changing ranchslider and door locks and buying a padlock to make the premises more secure.

Tenancy Tribunal case 4789258 — Cleanliness at 4 Waipuna Place, Tokoroa, Tokoroa 3420

At a glance

Tenancy Tribunal case 4789258 — Cleanliness at 4 Waipuna Place, Tokoroa, Tokoroa 3420

At a glance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

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

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

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