What was the outcome of Tenancy Tribunal case 4861450?

The tribunal order states: Marilyn So'oialo must pay Oxygen.Co.Nz Ltd- On Behalf Of Jessie Li $3,730.44

How much money was awarded in case 4861450?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,560.00 awarded to landlord

What type of tenancy dispute was case 4861450?

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

Where can I read the official tribunal order for case 4861450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10869540-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4861450?

The tribunal order states: Marilyn So'oialo must pay Oxygen.Co.Nz Ltd- On Behalf Of Jessie Li $3,730.44

How much money was awarded in case 4861450?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,560.00 awarded to landlord

What type of tenancy dispute was case 4861450?

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

Where can I read the official tribunal order for case 4861450?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10869540-Tenancy_Tribunal_Order.pdf.

65 Saddleback Grove, Karori, Wellington 6012 Tenancy Tribunal Case 4861450 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4861450 — net $3,730.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 February 2024	$3,560.00	Rent arrears to 9 February 2024
Cleaning	$150.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,730.44
Total payable by Tenant to Landlord	$3,730.44

Both parties attended the hearing.

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?

The tenancy ended on 9 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

On 15 December 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 17 December 2023, termination of the tenancy and the refund of the bond. The previous order is incorporated into this order for enforcement purposes.

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

There is a claim for carpet cleaning and for cleaning. The tenant does not agree she should have to pay. These are the landlord’s claims to prove.

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.

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.

The tenant said there were stains on the carpet when she moved in. The landlord does not have an ingoing inspection. This means the tenant has the best evidence about the carpet stains. The claim is not proved and it is dismissed.

As to the cleaning, the landlord provided me with good photos taken at the end of the tenancy. I have allowed a small amount for additional cleaning for the rangehood, the oven, one of the showers, some vacuuming and some wiping. The amount allowed seems reasonable to me, based on my knowledge from similar claims.

Is the tenant responsible for the damage to the premises?

There is a claim for repairs to a lounge wall where a TV was hung. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. See sections 40(2)(a), 41 and 49B RTA.

The tenant said there were marks on the wall in the same place when she moved in, from the previous tenant hanging a TV. There is no property condition report from the start of the tenancy. This means the landlord cannot prove the damage happened during this tenancy. This claim is dismissed. Other orders

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

Claims and awards in Tenancy Tribunal application 4861450 — net $3,730.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 9 February 2024	$3,560.00	Rent arrears to 9 February 2024
Cleaning	$150.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,730.44
Total payable by Tenant to Landlord	$3,730.44

Order

Marilyn So'oialo must pay Oxygen.Co.Nz Ltd- On Behalf Of Jessie Li $3,730.44 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 15 December 2023 under application 4725629.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
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?

The tenancy ended on 9 February 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.
On 15 December 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 17 December 2023, termination of the tenancy and the refund of the bond. The previous order is incorporated into this order for enforcement purposes.

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

There is a claim for carpet cleaning and for cleaning. The tenant does not agree she should have to pay. These are the landlord’s claims to prove.
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.
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.
The tenant said there were stains on the carpet when she moved in. The landlord does not have an ingoing inspection. This means the tenant has the best evidence about the carpet stains. The claim is not proved and it is dismissed.
As to the cleaning, the landlord provided me with good photos taken at the end of the tenancy. I have allowed a small amount for additional cleaning for the rangehood, the oven, one of the showers, some vacuuming and some wiping. The amount allowed seems reasonable to me, based on my knowledge from similar claims.

Is the tenant responsible for the damage to the premises?

There is a claim for repairs to a lounge wall where a TV was hung. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. See sections 40(2)(a), 41 and 49B RTA.
The tenant said there were marks on the wall in the same place when she moved in, from the previous tenant hanging a TV. There is no property condition report from the start of the tenancy. This means the landlord cannot prove the damage happened during this tenancy. This claim is dismissed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4861450 — Rent arrears at 65 Saddleback Grove, Karori, Wellington 6012

At a glance

Tenancy Tribunal case 4861450 — Rent arrears at 65 Saddleback Grove, Karori, Wellington 6012

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions