What was Tenancy Tribunal case 4888185 about?

The tribunal order states: Mary-Jane Edgars and Aaliyah Charm Forbes must pay [The landlord/s]

How much money was awarded in case 4888185?

Cleaning: $253.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Outgoings (Electricity Bill Dated 15…: $21.81 awarded to landlord; Rent Arrears: $647.07 awarded to landlord

What type of tenancy dispute was case 4888185?

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

Where can I read the official tribunal order for case 4888185?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10582016-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4888185 about?

The tribunal order states: Mary-Jane Edgars and Aaliyah Charm Forbes must pay [The landlord/s]

How much money was awarded in case 4888185?

Cleaning: $253.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Outgoings (Electricity Bill Dated 15…: $21.81 awarded to landlord; Rent Arrears: $647.07 awarded to landlord

What type of tenancy dispute was case 4888185?

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

Where can I read the official tribunal order for case 4888185?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10582016-Tribunal_Order_Redacted.pdf.

Unit/Flat 1106, 85 Wakefield Street, Auckland Central, Tenancy Tribunal Case 4888185 — Rent arrears

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Reasons

Claims and awards in Tenancy Tribunal application 4888185 — net $942.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 March 2024	$647.07	Rent arrears to 28 March 2024
Outgoings (electricity bill dated 15 March 2024	$21.81	Outgoings (electricity bill dated 15 March 2024
Cleaning	$253.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$942.32
Total payable by Tenant to Landlord	$942.32

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, outgoings, compensation and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord is required to prove each claim to the civil law standard of proof, on the balance of probabilities. Service

The tenancy was terminated on 28 March 2024 after the tenants gave notice pursuant to section 51(2B) of the Residential Tenancies Act 1986. The application was filed on 15 May 2024, within two months of the termination.

Section 91(1) of the Residential Tenancies Act 1986 requires the Tribunal to give to each party to the dispute reasonable notice of the time, place and purpose of the hearing to be held in respect of the application. This involves the Tribunal sending a Notice of Hearing to the parties.

If a landlord files an application within two months after the termination of a tenancy, section 91A(1)(e) of the Residential Tenancies Act 1986 deems a Notice of Hearing to have been appropriately given to a tenant if it is sent via email to an email an address given by the tenant as an address for service.

In the present case, the tenancy agreement does not record the tenancy address as an address for service. Instead, emails for each tenant are provided as an address for service.

The tenancy agreement records Aaliyah Charm Forbes’ email address for service as “Aaliyahforbes13@icloud.com”. The Notice of Hearing was sent to Ms Forbes via this email address and was therefore appropriately given to her.

In respect of Mary-Jane Nicole Stephanie Edgars, the tenancy agreement records her email address for service as “Maryedgard@gmail.com” however, the Notice of Hearing was sent to a different e-mail address “mjedgars@gmail.com”.

The landlord advised the Tribunal that they had communicated with Ms Edgars using the email address of “mjedgars@gmail.com” for the majority of the tenancy. Two emails sent from Ms Edgars to the landlord using this email address were provided to the Tribunal dated 18 December 2023 and 24 April 2024. Given the recent correspondence that the landlord has had with Ms Edgars from the email address “mjedgars@gmail.com”, I am satisfied that the Notice of Hearing was appropriately given to Ms Edgars in terms of section 91A(e) of the Residential Tenancies Act 1986. This finding is in accordance with the requirement that the Tribunal determine each dispute according to the general principles of the law relating to the matter, and the substantial merits and justice of the case. The Tribunal is not bound to give effect to strict legal rights or obligations or to legal forms or technicalities. See section 85(2) of the Residential Tenancies Act 1986.

Having satisfied myself that due notice of the hearing was given to the tenant, I determined the application in their absence pursuant to section 92(1) of the Residential Tenancies Act 1986.

How much is owed for rent and outgoings?

The tenancy ended on 28 March 2024. The landlord provided rent records, which proved the amount owing, namely $647.07. The landlord also provided an electricity bill dated 15 March 2024 proving the amount owing, namely $21.81. I therefore find that the landlord has proven this claim and order the tenant to pay rent arrears and the outstanding electricity bill accordingly.

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) of the Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) of the Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord provided photographs taken at the end of the tenancy, which showed the bed in one of the bedrooms with used linen and a towel on it. There was also a towel and hair on the floor in the bathroom, and some small amounts of rubbish on the floor throughout the property. The bathroom mirror and microwave were also dirty. I therefore find that the tenant breached section 40(1)(e)(iii) of the Residential Tenancies Act 1986 and order that they pay compensation of $253.00 to the landlord to cover the cost of cleaning.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986.

The landlord alleged that the tenant had caused various stains to the carpet during the tenancy and sought compensation of $330.00 to cover the cost of carpet cleaning and removal of stains. The landlord did not provide a pre- inspection report or photographs of the property prior to the tenant moving in. I therefore find that the landlord has not proven that the carpet stains were caused by the tenant and dismiss this claim. Filing fee

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4888185 — net $942.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 March 2024	$647.07	Rent arrears to 28 March 2024
Outgoings (electricity bill dated 15 March 2024	$21.81	Outgoings (electricity bill dated 15 March 2024
Cleaning	$253.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$942.32
Total payable by Tenant to Landlord	$942.32

The landlord attended the hearing. The tenant did not.

The landlord has applied for rent arrears, outgoings, compensation and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord is required to prove each claim to the civil law standard of proof, on the balance of probabilities. Service

In the present case, the tenancy agreement does not record the tenancy address as an address for service. Instead, emails for each tenant are provided as an address for service.

Having satisfied myself that due notice of the hearing was given to the tenant, I determined the application in their absence pursuant to section 92(1) of the Residential Tenancies Act 1986.

How much is owed for rent and outgoings?

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

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

Is the tenant responsible for the damage to the premises?

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4888185 — Rent arrears at Unit/Flat 1106, 85 Wakefield Street, Auckland Central,

At a glance

Tenancy Tribunal case 4888185 — Rent arrears at Unit/Flat 1106, 85 Wakefield Street, Auckland Central,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and outgoings?

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

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and outgoings?

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

Frequently asked questions