What was the outcome of Tenancy Tribunal case 4841840?

The tribunal order states: Adrienne Davoren, Chris Ilton and Kevin Spray must pay Zippy Limited $787.11

How much money was awarded in case 4841840?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,806.67 awarded to landlord

What type of tenancy dispute was case 4841840?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4841840?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10867276-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4841840?

The tribunal order states: Adrienne Davoren, Chris Ilton and Kevin Spray must pay Zippy Limited $787.11

How much money was awarded in case 4841840?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,806.67 awarded to landlord

What type of tenancy dispute was case 4841840?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4841840?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10867276-Tenancy_Tribunal_Order.pdf.

51 Rolleston Street, Mount Cook, Wellington 6021 Tenancy Tribunal Case 4841840 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4841840 — net $787.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 24 March 2023 to 28 February 2024	$2,806.67	Rent arrears from 24 March 2023 to 28 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$787.11
Total payable by Tenant to Landlord	$787.11

Mr Perera attended the hearing as director for 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?

It is hard to identify when this tenancy ended. There are two possible sets of rules because the law relating to fixed term tenancies changed on 11 February 2021, just after the tenancy agreement was signed.

The landlord’s submission is that a fixed term tenancy was signed on 1 February 2021 and the parties agreed to two extensions, ending on 31 January 2024. During this time there was a rent increase and a complete change of tenants. It is possible a new tenancy agreement was formed rather than two extensions agreed, but the outcome is the same no matter which law I apply, so I have not taken this any further.

If the tenancy agreement in place in January 2024 was signed before the law change in 2021, and the tenants wanted to end the tenancy on 31 January 2024, then the tenants would have had to give the landlord notice to end the tenancy during the effective period, which was between 90 and 21 days before the end of the fixed term tenancy.

If the tenancy agreement in place in January 2024 was formed after the law change, then the tenants would have had to give notice 28 days before the end of the fixed term if they wanted to end the tenancy on 31 January 2024.

It seems most likely to me that Mr Ilton gave notice by email sometime in the week starting 15 January 2024. This is because there is an email to the accountant dated 23 January 2024 stating that Mr Ilton had given the landlord notice “last week”. The landlord said he never received notice from Mr Ilton, but the landlord’s records were incomplete and “loose” and I prefer the contemporaneous note from the tenant. The notice was given less than 21 days from the end of the fixed term, so it was too late to end the tenancy on 31 January 2024.

The fixed term tenancy became periodic on 1 February 2024. I have taken Mr Ilton’s notice as running from the start of the periodic tenancy and 28 days notice is required. I note that Ms Davoren moved out without giving notice to the landlord, probably during February.

Taking all this into account I find the tenancy ended on 28 February 2024, at the end of the 28 day notice period for a periodic tenancy. The landlord provided a record of the rent paid from 24 March 2023. I have calculated the rent owed and the rent paid to 28 February 2024. The tenants owe rent to the landlord.

The landlord reached a verbal agreement with Mr Spray that he could stay in the house and pay rent. When this happened and how much rent was expected could not be proved because none of this was recorded in writing. Mr Spray paid one lot of $360 for rent on 13 March 2024. The landlord is not sure when Mr Spray moved out. I find the landlord cannot pursue Mr Spray for rent after 28 February 2024 because the landlord did not provide me with any supporting documentation recording an agreement.

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

There is a claim for over $1000 for cleaning and removing rubbish at the end of the tenancy. The law provides that tenants must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs. I was provided with one photo of food in a freezer and two photos showing some bags of rubbish or recycling. This is insufficient evidence for me to decide if the claim is reasonable. This claim is dismissed. Other orders

The bond is refunded to the landlord.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4841840 — net $787.11 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 24 March 2023 to 28 February 2024	$2,806.67	Rent arrears from 24 March 2023 to 28 February 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$787.11
Total payable by Tenant to Landlord	$787.11

Order

Adrienne Davoren, Chris Ilton and Kevin Spray must pay Zippy Limited $787.11 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,040.00 (3267029-008) to Zippy Limited immediately.
All other claims are dismissed. 4.

Reasons

Mr Perera attended the hearing as director for 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?

It is hard to identify when this tenancy ended. There are two possible sets of rules because the law relating to fixed term tenancies changed on 11 February 2021, just after the tenancy agreement was signed.
The landlord’s submission is that a fixed term tenancy was signed on 1 February 2021 and the parties agreed to two extensions, ending on 31 January 2024. During this time there was a rent increase and a complete change of tenants. It is possible a new tenancy agreement was formed rather than two extensions agreed, but the outcome is the same no matter which law I apply, so I have not taken this any further.
If the tenancy agreement in place in January 2024 was signed before the law change in 2021, and the tenants wanted to end the tenancy on 31 January 2024, then the tenants would have had to give the landlord notice to end the tenancy during the effective period, which was between 90 and 21 days before the end of the fixed term tenancy.
If the tenancy agreement in place in January 2024 was formed after the law change, then the tenants would have had to give notice 28 days before the end of the fixed term if they wanted to end the tenancy on 31 January 2024.
It seems most likely to me that Mr Ilton gave notice by email sometime in the week starting 15 January 2024. This is because there is an email to the accountant dated 23 January 2024 stating that Mr Ilton had given the landlord notice “last week”. The landlord said he never received notice from Mr Ilton, but the landlord’s records were incomplete and “loose” and I prefer the contemporaneous note from the tenant. The notice was given less than 21 days from the end of the fixed term, so it was too late to end the tenancy on 31 January 2024.
The fixed term tenancy became periodic on 1 February 2024. I have taken Mr Ilton’s notice as running from the start of the periodic tenancy and 28 days notice is required. I note that Ms Davoren moved out without giving notice to the landlord, probably during February.
Taking all this into account I find the tenancy ended on 28 February 2024, at the end of the 28 day notice period for a periodic tenancy. The landlord provided a record of the rent paid from 24 March 2023. I have calculated the rent owed and the rent paid to 28 February 2024. The tenants owe rent to the landlord.
The landlord reached a verbal agreement with Mr Spray that he could stay in the house and pay rent. When this happened and how much rent was expected could not be proved because none of this was recorded in writing. Mr Spray paid one lot of $360 for rent on 13 March 2024. The landlord is not sure when Mr Spray moved out. I find the landlord cannot pursue Mr Spray for rent after 28 February 2024 because the landlord did not provide me with any supporting documentation recording an agreement.

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

There is a claim for over $1000 for cleaning and removing rubbish at the end of the tenancy. The law provides that tenants must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable; not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs. I was provided with one photo of food in a freezer and two photos showing some bags of rubbish or recycling. This is insufficient evidence for me to decide if the claim is reasonable. This claim is dismissed. Other orders
The bond is refunded to the landlord.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4841840 — Rent arrears at 51 Rolleston Street, Mount Cook, Wellington 6021

At a glance

Tenancy Tribunal case 4841840 — Rent arrears at 51 Rolleston Street, Mount Cook, Wellington 6021

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenants 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

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions