What was the outcome of Tenancy Tribunal case 4852001?

The tribunal order states: Jesse Kee O'Brien must pay The Good Girls Property Management Limited as

How much money was awarded in case 4852001?

Property Damage: $159.17 awarded to landlord; Rent Arrears: $796.45 awarded to landlord; Rubbish Removal: $87.50 awarded to landlord

What type of tenancy dispute was case 4852001?

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

Where can I read the official tribunal order for case 4852001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10407055-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4852001?

The tribunal order states: Jesse Kee O'Brien must pay The Good Girls Property Management Limited as

How much money was awarded in case 4852001?

Property Damage: $159.17 awarded to landlord; Rent Arrears: $796.45 awarded to landlord; Rubbish Removal: $87.50 awarded to landlord

What type of tenancy dispute was case 4852001?

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

Where can I read the official tribunal order for case 4852001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10407055-Tenancy_Tribunal_Order.pdf.

Room Room 2, 70A Ryan Street, Phillipstown, Christchurch Tenancy Tribunal Case 4852001 — Rent arrears

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Room Room 2, 70A Ryan Street, Phillipstown, Christchurch Tenancy Tribunal Case 4852001 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4852001 — net $368.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears – owed as at 15 February 2024	$796.45	Rent arrears – owed as at 15 February 2024
Cleaning and rubbish removal	$87.50	Cleaning and rubbish removal
Lock/key replacement	$159.17	Lock/key replacement
Net award	$368.12
Total payable by Tenant to Landlord	$368.12

Claims and awards for application 4852001 — net $368.12 NZD. Verify on MoJ.

Rent arrears – owed as at 15 February 2024

Amount: $796.45
Awarded to: Landlord
Reason: Rent arrears – owed as at 15 February 2024

Cleaning and rubbish removal

Amount: $87.50
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Lock/key replacement

Amount: $159.17
Awarded to: Landlord
Reason: Lock/key replacement

Net award

Landlord $368.12

Total payable by Tenant to Landlord

Landlord $368.12

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

Jesse Kee O'Brien must pay The Good Girls Property Management Limited as Agent $368.12 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $675.00 (6516203-001) to The Good Girls Property Management Limited as Agent immediately.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing, despite being properly served with the application and hearing notice. The hearing proceeded in his absence.
The landlord has applied for: a. rent arrears, b. compensation, c. refund of the bond, and d. reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy commenced on 27 November 2023 and ended on 15 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $796.45. Bond
The bond of $675.00 is to be paid to the landlord and deducted from rent arrears awarded.

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

Keys

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 did not return the keys. The landlord replaced the locks and keys and provided evidence of this by way of an invoice for $159.17 from a locksmith.
The landlord has proved their claim in respect of the lock/key replacement. Cleaning and rubbish removal
The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (section 45(1)(a)), and there is an equivalent obligation on the tenant to return the premises at the end of the tenancy: ...in a reasonably clean and reasonably tidy condition and remove or arrange for the removal from the premises of all rubbish.
The RTA does not require the premises to be returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).
The onus for establishing the claim, sits with the person making it. If the landlord is seeking to recover costs for cleaning and rubbish removal, it is the landlord who must prove that the tenant has breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the landlord does not establish a breach to the balance of probability, then their claim will be dismissed.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographs of the property showing various items of rubbish which needed to be removed and the property needed to be cleaned.
The amounts ordered are proved. Name suppression
The landlord does not seek name suppression. I therefore make no order in respect of name suppression. Filing fee
Because The Good Girls Property Management Limited as Agent has wholly succeeded with the claim I must reimburse the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4852001 — net $368.12 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears – owed as at 15 February 2024	$796.45	Rent arrears – owed as at 15 February 2024
Cleaning and rubbish removal	$87.50	Cleaning and rubbish removal
Lock/key replacement	$159.17	Lock/key replacement
Net award	$368.12
Total payable by Tenant to Landlord	$368.12

Claims and awards for application 4852001 — net $368.12 NZD. Verify on MoJ.

Rent arrears – owed as at 15 February 2024

Amount: $796.45
Awarded to: Landlord
Reason: Rent arrears – owed as at 15 February 2024

Cleaning and rubbish removal

Amount: $87.50
Awarded to: Landlord
Reason: Cleaning and rubbish removal

Lock/key replacement

Amount: $159.17
Awarded to: Landlord
Reason: Lock/key replacement

Net award

Landlord $368.12

Total payable by Tenant to Landlord

Landlord $368.12

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

Jesse Kee O'Brien must pay The Good Girls Property Management Limited as Agent $368.12 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $675.00 (6516203-001) to The Good Girls Property Management Limited as Agent immediately.

Reasons

The landlord attended the hearing.
The tenant did not attend the hearing, despite being properly served with the application and hearing notice. The hearing proceeded in his absence.
The landlord has applied for: a. rent arrears, b. compensation, c. refund of the bond, and d. reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy commenced on 27 November 2023 and ended on 15 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $796.45. Bond
The bond of $675.00 is to be paid to the landlord and deducted from rent arrears awarded.

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

Keys

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 did not return the keys. The landlord replaced the locks and keys and provided evidence of this by way of an invoice for $159.17 from a locksmith.
The landlord has proved their claim in respect of the lock/key replacement. Cleaning and rubbish removal
The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (section 45(1)(a)), and there is an equivalent obligation on the tenant to return the premises at the end of the tenancy: ...in a reasonably clean and reasonably tidy condition and remove or arrange for the removal from the premises of all rubbish.
The RTA does not require the premises to be returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).
The onus for establishing the claim, sits with the person making it. If the landlord is seeking to recover costs for cleaning and rubbish removal, it is the landlord who must prove that the tenant has breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the landlord does not establish a breach to the balance of probability, then their claim will be dismissed.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord provided photographs of the property showing various items of rubbish which needed to be removed and the property needed to be cleaned.
The amounts ordered are proved. Name suppression
The landlord does not seek name suppression. I therefore make no order in respect of name suppression. Filing fee
Because The Good Girls Property Management Limited as Agent has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4852001 — Rent arrears at Room Room 2, 70A Ryan Street, Phillipstown, Christchurch

At a glance

Tenancy Tribunal case 4852001 — Rent arrears at Room Room 2, 70A Ryan Street, Phillipstown, Christchurch

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

Property management

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

Property management

Frequently asked questions