How much money was awarded in case 4795417?

Cleaning: $161.00 awarded to landlord; Cleaning: $304.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4749830 D…: $20.44 awarded to landlord; Property Damage: $130.00 awarded to landlord; Rent Arrears: $350.00 awarded to landlord; Rubbish Removal: $130.00 awarded to landlord; Rubbish Removal: $60.00 awarded to landlord

What type of tenancy dispute was case 4795417?

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

Where can I read the official tribunal order for case 4795417?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10290827-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4795417?

Cleaning: $161.00 awarded to landlord; Cleaning: $304.75 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Previous Order Application 4749830 D…: $20.44 awarded to landlord; Property Damage: $130.00 awarded to landlord; Rent Arrears: $350.00 awarded to landlord; Rubbish Removal: $130.00 awarded to landlord; Rubbish Removal: $60.00 awarded to landlord

What type of tenancy dispute was case 4795417?

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

Where can I read the official tribunal order for case 4795417?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10290827-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 6, 239 Old Farm Road, Hamilton East, Tenancy Tribunal Case 4795417 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4795417?

The tribunal order states: Ajay Sarmal and Nitansh Sharma to pay Monarch Realty Limited T/A Harcourts

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Order

Claims and awards in Tenancy Tribunal application 4795417 — net $1,176.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 January 2024	$350.00	Rent arrears to 10 January 2024
Previous order application 4749830 dated 21/12/2023	$20.44	Previous order application 4749830 dated 21/12/2023
Cleaning	$304.75	Cleaning
Carpet Cleaning	$161.00	Carpet Cleaning
Rubbish removal: during tenancy	$130.00	Rubbish removal: during tenancy
Lock/key replacement	$130.00	Lock/key replacement
Rubbish removal: end of tenancy	$60.00	Rubbish removal: end of tenancy
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,176.63
Total payable by Tenant to Landlord	$1,176.63

Ajay Sarmal and Nitansh Sharma to pay Monarch Realty Limited T/A Harcourts Hamilton Rentals as Agent for Hui Twan Lau $1,176.63 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,176.63 (5180832-023) to Monarch Realty Limited T/A Harcourts Hamilton Rentals as Agent for Hui Twan Lau immediately. The Bond Centre is to pay the bond of $63.37 (5180832-023) to Ajay Sarmal and Nitansh Sharma immediately.

Reasons

The application was filed on 30 January 2024, and on 26 March 2024, scheduled for hearing on 03 May 2024. On 01 May 2024, the Tribunal received a request from one of the tenants to appear by telephone. The request was made on the basis they were unable to attend due to work commitments. However, no evidence was provided to support the request, so it was declined.

Mr Herbert has appeared for the landlord there has been no appearance by either tenant.

The landlord is claiming vacated rent arrears of $350.00, compensation for rubbish removal during the tenancy of $296.71, rubbish removal at the end of the tenancy of $193.20, cleaning costs of $304.75, carpet cleaning of $161.00, and $130.00 for re barrelling the locks.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”). How much is owed for rent.

The tenancy ended on 10 January 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

The property is a two-bedroom unit in a two story, six-unit complex. The tenant’s property is a corner unit on the second story. The units on the second floor are accessed via stairs. Each unit has two bedrooms, bathroom / toilet, and an open plan kitchen / dining/ lounge area.

The landlord claims that the tenant failed to leave the property in a reasonably clean condition, including the carpet, and to remove all rubbish. The landlord claims the tenant failed to return the keys. The landlord is also claiming costs associated with rubbish removal during the tenancy. Law

During a tenancy the tenant must keep the property reasonably clean and tidy. At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices. See section 40(1)(e)(ii)-(v) of the Act.

The Act does not require the premises to be provided or returned in a spotless or an immaculate condition. The property should be returned at least in the same state of cleanliness it was at the commencement. The reasonably clean and tidy is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. The Tribunal must evaluate the evidence available, in particular inspection reports and photographs showing the property at the commencement and end of the tenancy. Decision

The landlord has produced a pre tenancy and end of tenancy inspection report, both of which contain photographs. The landlord has also provided photographs taken during an inspection on 16 August 2023.

I have viewed the photographs and am satisfied that the tenant has failed to leave the property in at least the same state of cleanliness it was at the commencement of the tenancy. The landlord has produced photographs showing the carpet in the lounge and one of the bedrooms taken at the commencement and end of the tenancy. The end of tenancy photographs shows several burn / smudge marks on the carpet in both rooms. I can make a before and after comparison and am satisfied that these marks have occurred during the tenancy. The amounts ordered for general cleaning and carpet cleaning are proved.

On 16 August 2023, the landlord conducted an inspection and discovered four black plastic bags of full rubbish on the balcony directly outside the tenant’s unit. Due to the proximity of the rubbish bags, the landlord formed the view that they belonged to the tenant and requested the tenant remove the rubbish. The tenant did not acknowledge the landlord. Around November 2023, the landlord noted about eight black rubbish bags stacked along a wall just inside the front of the property near the roadside. The landlord also discovered four car tyres and broken cabinet nearby. The landlord states that the tenant did not respond to an enquiry about the rubbish. The landlord arranged for the rubbish, tyres, and cabinet to be disposed of and has produced an invoice for $296.71. The landlord accepts that there is insufficient evidence to link the tyres and the cabinet to the tenant but submits that the black rubbish bags are more likely than not the ones that had previously been seen outside the tenant’s property in August.

The landlord states that at the end of the tenancy, the tenant failed to leave their red lid council waste bin empty, remove two black rubbish bags left on the footpath outside the property, and a double bed base, left leaning against the same wall where the eight rubbish bags had previously been. Relying on the evidence of the eight rubbish bags collected in November, the landlord submits that the black rubbish bags on the footpath more likely than not also belong to the tenants. The landlord states that each unit has an assigned red and yellow lid rubbish bin, thus inferring that the tenant is responsible for the rubbish in their assigned bin. The landlord states that no others moved out of the complex on that date and mattress base is also more likely than not the tenants.

The landlord states that in the area it was not uncommon for rubbish and household belongings to be dumped on the roadside, colloquially referred to as “fly tipping. However, the landlord states that in this case, the mattress and rubbish bags had been placed within the boundaries of the property which was not the usual modus operandi for fly tipping.

Due to the location of the rubbish bags observed in August, and the location of the eight rubbish bags removed in November 2023, I am satisfied that they are more likely than not they belonged to the tenant. Concerning the red lid bin, although the landlord states that it was unlikely that other residents would have used the tenants bin, I cannot rule out that other occupants may have placed rubbish in bins not attributed to themselves. Concerning the bed base, I accept the landlord’s submission and find more likely than not this belonged to the tenant. The two rubbish bags located at the end of the tenancy have been placed on the footpath outside the property. I am not satisfied that these can attributed to the tenant.

I, therefore, award the landlord $130.00 to remove and dispose of the eight rubbish bags located in November, and $60.00 to remove the double bed base at the end of the tenancy.

The pre tenancy inspection report has a photograph of the keys provided to the tenant at the commencement of the tenancy. This were not returned. The landlord had the front door lock re barrelled and new keys cut. The amount ordered is proved. Costs

Because Monarch Realty Limited T/A Harcourts Hamilton Rentals as Agent for Hui Twan Lau has substantially succeeded with the claim, I have reimbursed the filing fee.

On 21 December 2023, the Tribunal made an order relating to this tenancy for reimbursement of a filing fee of $20.44. This remains outstanding. The previous order is incorporated into this order for enforcement purposes. Name suppression

Although entitled under section 95A to name suppression, the landlord does not seek it.

Order

Claims and awards in Tenancy Tribunal application 4795417 — net $1,176.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 January 2024	$350.00	Rent arrears to 10 January 2024
Previous order application 4749830 dated 21/12/2023	$20.44	Previous order application 4749830 dated 21/12/2023
Cleaning	$304.75	Cleaning
Carpet Cleaning	$161.00	Carpet Cleaning
Rubbish removal: during tenancy	$130.00	Rubbish removal: during tenancy
Lock/key replacement	$130.00	Lock/key replacement
Rubbish removal: end of tenancy	$60.00	Rubbish removal: end of tenancy
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,176.63
Total payable by Tenant to Landlord	$1,176.63

Ajay Sarmal and Nitansh Sharma to pay Monarch Realty Limited T/A Harcourts Hamilton Rentals as Agent for Hui Twan Lau $1,176.63 from the bond, calculated as shown in table below.

Reasons

Mr Herbert has appeared for the landlord there has been no appearance by either tenant.

The tenancy ended on 10 January 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

I, therefore, award the landlord $130.00 to remove and dispose of the eight rubbish bags located in November, and $60.00 to remove the double bed base at the end of the tenancy.

Because Monarch Realty Limited T/A Harcourts Hamilton Rentals as Agent for Hui Twan Lau has substantially succeeded with the claim, I have reimbursed the filing fee.

Although entitled under section 95A to name suppression, the landlord does not seek it.

Tenancy Tribunal case 4795417 — Cleanliness at Unit/Flat Flat 6, 239 Old Farm Road, Hamilton East,

At a glance

Tenancy Tribunal case 4795417 — Cleanliness at Unit/Flat Flat 6, 239 Old Farm Road, Hamilton East,

At a glance

Award balance

Claims & awards

Order

Reasons

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

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