What was Tenancy Tribunal case 4804342 about?

The tribunal order states: 2. The Bond Centre is to pay the bond of ()

How much money was awarded in case 4804342?

Cleaning: $230.00 awarded to landlord; Cleaning: $75.00 awarded to landlord; Rent Arrears: $754.00 awarded to landlord; Water Rates: $89.80 awarded to landlord; Water Rates: $125.00 awarded to landlord

What type of tenancy dispute was case 4804342?

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

Where can I read the official tribunal order for case 4804342?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10542547-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4804342 about?

The tribunal order states: 2. The Bond Centre is to pay the bond of ()

How much money was awarded in case 4804342?

Cleaning: $230.00 awarded to landlord; Cleaning: $75.00 awarded to landlord; Rent Arrears: $754.00 awarded to landlord; Water Rates: $89.80 awarded to landlord; Water Rates: $125.00 awarded to landlord

What type of tenancy dispute was case 4804342?

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

Where can I read the official tribunal order for case 4804342?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10542547-Tribunal_Order_Redacted.pdf.

48B John Davis Road, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 4804342 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4804342 — net $1,273.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$754.00	Rent arrears
Water rates	$89.80	Water rates
Water rates: (Gas	$125.00	Water rates: (Gas
Cleaning	$75.00	Cleaning
Carpet Cleaning	$230.00	Carpet Cleaning
Net award	$1,273.80
Total payable by Tenant to Landlord	$1,273.80

Both parties attended the hearing.

This is a cross application.

At the end of the tenancy the tenant filed an application to have her bond refunded. The landlord then filed a cross application against the tenant’s bond.

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 and water rates?

The tenancy ended on 02 February 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy is $754.00 for rent arrears and $89.80 for water rates. The tenant does not dispute this. The amounts are proved.

The property was serviced with bottled gas. This consisted of two gas bottles that were refilled by a gas provider company. At the end of the tenancy the tenant was to leave at least one gas bottle full. The tenant accepts she didn’t do this, and she accepts that she should pay the $125.00 cost of refilling one of the gas bottles.

At the end of the tenancy, the landlord confirmed in an email to the tenant that one of the gas bottles needed filling.

Sometime later however, possibly the next day, both gas bottles were uplifted from the property. The landlord who rented the gas bottles from the gas provider company, has therefore been required to pay for two gas bottles to replace them.

It is possible the gas bottles were uplifted by the gas provider. The landlord believes this may have happened because the tenant cancelled the contract with the gas provider company, or in some way communicated to the gas provider that the bottles were no longer needed. The tenant denies doing this and has produced an email to the gas provider from two weeks later confirming to them that the landlord not she, is the holder of the account.

The landlord has drawn his conclusions, but he lacks documentary information in support of them. Because of this I find this claim is not proved to the requisite standard of “on the balance of probabilities.”

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 landlord claims that at the end of the tenancy, the tenant left the carpet in each of the three bedrooms with coloured marks on them. He then had the carpets cleaned and is claiming $230.00 in compensation. The landlord produced photographs and an invoice dated 3 February 2024 in support.

The property and the carpets were brand new at the beginning of the tenancy.

The tenant claims that only one of the three bedrooms had marks on the carpet at the end of the tenancy. The marks were possibly makeup marks. She claims that she cleaned the carpets prior to vacating the premises.

Neither the landlord nor the tenant accepts that the other cleaned the carpets. The tenant claims the landlord’s receipt for carpet cleaning is bogus.

Mostly there is common ground between the landlord and the tenant on this issue; there were marks left on the carpet, and the carpet did need cleaning.

I find the carpets were not left in a reasonably clean and tidy condition and I accept the validity of the receipts and photographs provided by the landlord. The amount is proved.

The landlord claims that at the end of the tenancy the premises were not left in a reasonably clean and tidy condition. The landlord produced photographs in support which show a small amount of dust and rubbish on a hard surface floor, photographs of dirty vertical blinds, and several photographs of an oven being cleaned.

The photographs do not show a premises that is generally not reasonably clean and tidy; they focus on some dirty areas, which are likely to be present in any reasonably clean and tidy premises. A tenant is not required to leave a premises in a ready to rent condition, and a responsible landlord is likely to conduct a deep clean between tenancies.

Nevertheless, I accept the landlord’s information that show that the stove top and oven are more than likely not reasonably clean and tidy. The claim is only partially proved. I make a reduced award for cleaning.

Because both parties have been partially successful with their claim I have not reimbursed the filing fees.

Reasons

Claims and awards in Tenancy Tribunal application 4804342 — net $1,273.80 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$754.00	Rent arrears
Water rates	$89.80	Water rates
Water rates: (Gas	$125.00	Water rates: (Gas
Cleaning	$75.00	Cleaning
Carpet Cleaning	$230.00	Carpet Cleaning
Net award	$1,273.80
Total payable by Tenant to Landlord	$1,273.80

Both parties attended the hearing.

This is a cross application.

At the end of the tenancy the tenant filed an application to have her bond refunded. The landlord then filed a cross application against the tenant’s bond.

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 and water rates?

At the end of the tenancy, the landlord confirmed in an email to the tenant that one of the gas bottles needed filling.

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

The property and the carpets were brand new at the beginning of the tenancy.

Neither the landlord nor the tenant accepts that the other cleaned the carpets. The tenant claims the landlord’s receipt for carpet cleaning is bogus.

Mostly there is common ground between the landlord and the tenant on this issue; there were marks left on the carpet, and the carpet did need cleaning.

I find the carpets were not left in a reasonably clean and tidy condition and I accept the validity of the receipts and photographs provided by the landlord. The amount is proved.

Because both parties have been partially successful with their claim I have not reimbursed the filing fees.

Tenancy Tribunal case 4804342 — Rent arrears at 48B John Davis Road, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 4804342 — Rent arrears at 48B John Davis Road, Mount Roskill, Auckland 1041

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?

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions