What was Tenancy Tribunal case 4883054 about?

The tribunal order states: [The tenants] to pay Pistone Limited Acting Agent For Mamun Zanvim $789.02

How much money was awarded in case 4883054?

Break Lease Fee: $267.84 awarded to landlord; Cleaning: $75.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $364.29 awarded to landlord; Water Rates: $37.80 awarded to landlord; Water Rates: $23.65 awarded to landlord

What type of tenancy dispute was case 4883054?

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

Where can I read the official tribunal order for case 4883054?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10873591-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4883054 about?

The tribunal order states: [The tenants] to pay Pistone Limited Acting Agent For Mamun Zanvim $789.02

How much money was awarded in case 4883054?

Break Lease Fee: $267.84 awarded to landlord; Cleaning: $75.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $364.29 awarded to landlord; Water Rates: $37.80 awarded to landlord; Water Rates: $23.65 awarded to landlord

What type of tenancy dispute was case 4883054?

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

Where can I read the official tribunal order for case 4883054?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10873591-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4883054 — Rent arrears

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New Zealand Tenancy Tribunal Case 4883054 — 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 4883054 — net $789.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 27/03/24	$364.29	Rent arrears (to 27/03/24
Water rates: February 2024	$37.80	2. The landlord has applied for rent and water rates arrears, compensation, partial refund of the bond, and reimbursement of the filing fee following the end o…
Water rates: March 2024	$23.65	2. The landlord has applied for rent and water rates arrears, compensation, partial refund of the bond, and reimbursement of the filing fee following the end o…
Cleaning: bathroom shower glass, tiles and window ledges	$75.00	Cleaning: bathroom shower glass, tiles and window ledges
Break lease fee	$267.84	Break lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$789.02
Bond	$3,400.00
Total payable by Tenant to Landlord	$789.02

Claims and awards for application 4883054 — net $789.02 NZD. Verify on MoJ.

Rent arrears (to 27/03/24

Amount: $364.29
Awarded to: Landlord
Reason: Rent arrears (to 27/03/24

Water rates: February 2024

Amount: $37.80
Awarded to: Landlord
Reason: 2. The landlord has applied for rent and water rates arrears, compensation, partial refund of the bond, and reimbursement of the filing fee following the end o…

Water rates: March 2024

Amount: $23.65
Awarded to: Landlord
Reason: 2. The landlord has applied for rent and water rates arrears, compensation, partial refund of the bond, and reimbursement of the filing fee following the end o…

Cleaning: bathroom shower glass, tiles and window ledges

Amount: $75.00
Awarded to: Landlord
Reason: Cleaning: bathroom shower glass, tiles and window ledges

Break lease fee

Amount: $267.84

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Water Rates

Order

[The tenants] to pay Pistone Limited Acting Agent For Mamun Zanvim $789.02 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) immediately apportioned as follows: Pistone Limited Acting Agent For Mamun Zanvim: $789.02 [The tenants]: $2,610.98

Reasons

Both parties attended the hearing.
The landlord has applied for rent and water rates arrears, compensation, partial refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants made a cross application for a refund of the bond as they dispute being liable for the cleaning and break lease costs claimed by the landlord. He is also seeking reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy ended on 27 March 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenants did not dispute owing these amounts claimed by the landlord.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenants gave evidence that they took great care to clean the premises and considered them to be reasonably clean and tidy at the end of the tenancy.
The landlord produced photographs that showed the bathroom tiles and shower had smears and mineral deposits that required cleaning and the bathroom window ledges also required cleaning. The landlord produced a receipt that proves the landlord paid for one hour of professional cleaning of this room. The tenants challenged whether the invoice was legitimate as it was dated 25 March 2024, and they say no one had come to clean the bathroom that day. I accept the landlord’s evidence the cleaning was undertaken, and that the contractor made an error when dating the invoice. The landlord confirmed the cleaning was undertaken late afternoon on 27 March 2024.
There was a dispute between the parties about whether the tenants’ have any liability for having the carpet professionally cleaned at the end of the tenancy because a condition of the new tenant taking over the fixed term lease, with 10 months to run, was that the carpets be professionally cleaned. The tenants say the carpet was clean and there were no stains on it. They have video evidence to support this assertion.
The landlord confirmed the tenants left the carpet in a reasonably clean and tidy condition and explained that the owner is claiming compensation for the cost it incurred having the carpet professionally cleaned for the next tenant, who it says is fastidious. The landlord says that but for the carpet cleaning it would have taken them longer to get a new tenant to take over the lease and the tenants would remain liable for the rent until a new tenant moved into the premise.
Section 40(1)(e)(iii) of the RTA confirms that on termination of the tenancy, the tenant must “leave the premises in a reasonably clean and reasonably tidy condition”. This provision does not impose an absolute standard of responsibility. The obligation is not to leave the premises in an immaculate standard of cleanliness and tidiness, nor does it mean that it will necessarily be up to the standard that a landlord might consider for a new tenant, for sale, or for the owner to re-occupy 1 : The standard will vary according to the age and condition of the premises and, in particular, the condition that they were in at the start of the tenancy 2 :The test is objective and not based on the subjective opinion of either the landlord or the tenant.
In Housing New Zealand Ltd v Holloway Auckland TT 215/93, 8 February 1993 the Tribunal stated: “‘Reasonably tidy’ grounds are not perfect ‘prizewinning’ grounds, but neither [are they] grounds that suggest a property is unoccupied, or constitute a health hazard (vermin) or fire risk. Rather [it is] something in between; grounds maintained to a standard that an average, reasonable bystander would consider ‘reasonably tidy’.”
Equally, the inside of a premise does not have to be left at hotel or motel standard, but at a standard an average, reasonable bystander would consider “reasonably clean and tidy”.
The landlord’s photographs show that while the majority of the premise was left in a reasonably clean and tidy state, the bathroom was not.
The landlord’s claim for compensation for cleaning costs for the bathroom is upheld as it has produced compelling evidence proving its claim and because the tenants have not provided evidence which disproves liability for this cost.
I am satisfied the carpet was at a standard that an average, reasonable bystander would consider “reasonably clean and tidy” and that the new tenant requiring a higher standard of cleanliness to agree to take over the lease is a cost that should be borne by the owner and cannot be passed on to the tenants.
The amounts ordered are proved. 1 Face Property Management Ltd v Mike Bourne Contracting Ltd Christchurch TT 12/00532/CH, 24 August 2012. 2 Westwood v Western [1994] DCR 759.

Are the tenants responsible for break lease fees?

The tenants can be ordered to pay reasonable compensation for any loss or damage that has resulted from the reduction in the term of the fixed term tenancy.
The tenants are legally considered to have abandoned the fixed term tenancy before the end of the fixed term and the landlord has proven it incurred reasonable costs of $267.84 for break lease administration fees, advertising fees and credit check fees because of the fixed term lease being ended10 months early. The charging of this cost is provided for in the tenancy agreement.
I have granted the landlord compensation it has claimed for these costs it directly incurred because of the reduction of the fixed term of the tenancy. Reimbursement of the filing fee
Because Pistone Limited Acting Agent For Mamun Zanvim has substantially succeeded with the claim, I have reimbursed the filing fee.
The tenants have been successful at defending the landlord’s claim for compensation for the cleaning of the carpet but have not been wholly or substantially successful with their claims. Therefore, I dismiss their claim for reimbursement of the filing fee. Name suppression
The landlord did not apply for name suppression in its application nor during the hearing.
The tenants made an application for their names and identifying details to be suppressed.
While the tenants have not wholly or substantially succeeded in their claims, they have successfully defended the landlord’s claim for carpet cleaning costs and have not caused damage to the house and overall have left the house in a reasonably clean and tidy state.
I am satisfied that the public interest in this matter does not outweigh the significant duress publishing the tenants’ names could result in when they apply for future tenancies. I therefore used my discretion to grant them suppression of their names and identifying details.

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 4883054 — net $789.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 27/03/24	$364.29	Rent arrears (to 27/03/24
Water rates: February 2024	$37.80	2. The landlord has applied for rent and water rates arrears, compensation, partial refund of the bond, and reimbursement of the filing fee following the end o…
Water rates: March 2024	$23.65	2. The landlord has applied for rent and water rates arrears, compensation, partial refund of the bond, and reimbursement of the filing fee following the end o…
Cleaning: bathroom shower glass, tiles and window ledges	$75.00	Cleaning: bathroom shower glass, tiles and window ledges
Break lease fee	$267.84	Break lease fee
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$789.02
Bond	$3,400.00
Total payable by Tenant to Landlord	$789.02

Claims and awards for application 4883054 — net $789.02 NZD. Verify on MoJ.

Rent arrears (to 27/03/24

Amount: $364.29
Awarded to: Landlord
Reason: Rent arrears (to 27/03/24

Water rates: February 2024

Amount: $37.80
Awarded to: Landlord
Reason: 2. The landlord has applied for rent and water rates arrears, compensation, partial refund of the bond, and reimbursement of the filing fee following the end o…

Water rates: March 2024

Amount: $23.65
Awarded to: Landlord
Reason: 2. The landlord has applied for rent and water rates arrears, compensation, partial refund of the bond, and reimbursement of the filing fee following the end o…

Cleaning: bathroom shower glass, tiles and window ledges

Amount: $75.00
Awarded to: Landlord
Reason: Cleaning: bathroom shower glass, tiles and window ledges

Break lease fee

Amount: $267.84

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Water Rates

Order

[The tenants] to pay Pistone Limited Acting Agent For Mamun Zanvim $789.02 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,400.00 ([Bond number suppressed]) immediately apportioned as follows: Pistone Limited Acting Agent For Mamun Zanvim: $789.02 [The tenants]: $2,610.98

Reasons

Both parties attended the hearing.
The landlord has applied for rent and water rates arrears, compensation, partial refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants made a cross application for a refund of the bond as they dispute being liable for the cleaning and break lease costs claimed by the landlord. He is also seeking reimbursement of the filing fee.

How much is owed for rent and water rates?

The tenancy ended on 27 March 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
The tenants did not dispute owing these amounts claimed by the landlord.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenants gave evidence that they took great care to clean the premises and considered them to be reasonably clean and tidy at the end of the tenancy.
The landlord produced photographs that showed the bathroom tiles and shower had smears and mineral deposits that required cleaning and the bathroom window ledges also required cleaning. The landlord produced a receipt that proves the landlord paid for one hour of professional cleaning of this room. The tenants challenged whether the invoice was legitimate as it was dated 25 March 2024, and they say no one had come to clean the bathroom that day. I accept the landlord’s evidence the cleaning was undertaken, and that the contractor made an error when dating the invoice. The landlord confirmed the cleaning was undertaken late afternoon on 27 March 2024.
There was a dispute between the parties about whether the tenants’ have any liability for having the carpet professionally cleaned at the end of the tenancy because a condition of the new tenant taking over the fixed term lease, with 10 months to run, was that the carpets be professionally cleaned. The tenants say the carpet was clean and there were no stains on it. They have video evidence to support this assertion.
The landlord confirmed the tenants left the carpet in a reasonably clean and tidy condition and explained that the owner is claiming compensation for the cost it incurred having the carpet professionally cleaned for the next tenant, who it says is fastidious. The landlord says that but for the carpet cleaning it would have taken them longer to get a new tenant to take over the lease and the tenants would remain liable for the rent until a new tenant moved into the premise.
Section 40(1)(e)(iii) of the RTA confirms that on termination of the tenancy, the tenant must “leave the premises in a reasonably clean and reasonably tidy condition”. This provision does not impose an absolute standard of responsibility. The obligation is not to leave the premises in an immaculate standard of cleanliness and tidiness, nor does it mean that it will necessarily be up to the standard that a landlord might consider for a new tenant, for sale, or for the owner to re-occupy 1 : The standard will vary according to the age and condition of the premises and, in particular, the condition that they were in at the start of the tenancy 2 :The test is objective and not based on the subjective opinion of either the landlord or the tenant.
In Housing New Zealand Ltd v Holloway Auckland TT 215/93, 8 February 1993 the Tribunal stated: “‘Reasonably tidy’ grounds are not perfect ‘prizewinning’ grounds, but neither [are they] grounds that suggest a property is unoccupied, or constitute a health hazard (vermin) or fire risk. Rather [it is] something in between; grounds maintained to a standard that an average, reasonable bystander would consider ‘reasonably tidy’.”
Equally, the inside of a premise does not have to be left at hotel or motel standard, but at a standard an average, reasonable bystander would consider “reasonably clean and tidy”.
The landlord’s photographs show that while the majority of the premise was left in a reasonably clean and tidy state, the bathroom was not.
The landlord’s claim for compensation for cleaning costs for the bathroom is upheld as it has produced compelling evidence proving its claim and because the tenants have not provided evidence which disproves liability for this cost.
I am satisfied the carpet was at a standard that an average, reasonable bystander would consider “reasonably clean and tidy” and that the new tenant requiring a higher standard of cleanliness to agree to take over the lease is a cost that should be borne by the owner and cannot be passed on to the tenants.
The amounts ordered are proved. 1 Face Property Management Ltd v Mike Bourne Contracting Ltd Christchurch TT 12/00532/CH, 24 August 2012. 2 Westwood v Western [1994] DCR 759.

Are the tenants responsible for break lease fees?

The tenants can be ordered to pay reasonable compensation for any loss or damage that has resulted from the reduction in the term of the fixed term tenancy.
The tenants are legally considered to have abandoned the fixed term tenancy before the end of the fixed term and the landlord has proven it incurred reasonable costs of $267.84 for break lease administration fees, advertising fees and credit check fees because of the fixed term lease being ended10 months early. The charging of this cost is provided for in the tenancy agreement.
I have granted the landlord compensation it has claimed for these costs it directly incurred because of the reduction of the fixed term of the tenancy. Reimbursement of the filing fee
Because Pistone Limited Acting Agent For Mamun Zanvim has substantially succeeded with the claim, I have reimbursed the filing fee.
The tenants have been successful at defending the landlord’s claim for compensation for the cleaning of the carpet but have not been wholly or substantially successful with their claims. Therefore, I dismiss their claim for reimbursement of the filing fee. Name suppression
The landlord did not apply for name suppression in its application nor during the hearing.
The tenants made an application for their names and identifying details to be suppressed.
While the tenants have not wholly or substantially succeeded in their claims, they have successfully defended the landlord’s claim for carpet cleaning costs and have not caused damage to the house and overall have left the house in a reasonably clean and tidy state.
I am satisfied that the public interest in this matter does not outweigh the significant duress publishing the tenants’ names could result in when they apply for future tenancies. I therefore used my discretion to grant them suppression of their names and identifying details.

Tenancy Tribunal case 4883054 — Rent arrears

At a glance

Tenancy Tribunal case 4883054 — Rent arrears

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?

Are the tenants responsible for break lease fees?

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?

Are the tenants responsible for break lease fees?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions