What was the outcome of Tenancy Tribunal case 4893740?

The tribunal order states: Ryan Mahoney must pay Mission Property Management Limited As Agent For

How much money was awarded in case 4893740?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,364.29 awarded to landlord; Rubbish Removal: $437.58 awarded to landlord; Water Rates: $110.24 awarded to landlord

What type of tenancy dispute was case 4893740?

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

Where can I read the official tribunal order for case 4893740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10686255-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4893740?

The tribunal order states: Ryan Mahoney must pay Mission Property Management Limited As Agent For

How much money was awarded in case 4893740?

Cleaning: $150.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $3,364.29 awarded to landlord; Rubbish Removal: $437.58 awarded to landlord; Water Rates: $110.24 awarded to landlord

What type of tenancy dispute was case 4893740?

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

Where can I read the official tribunal order for case 4893740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10686255-Tenancy_Tribunal_Order.pdf.

Unit/Flat 11, 57 Gladstone Road, Northcote, Auckland 0627 Tenancy Tribunal Case 4893740 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat 11, 57 Gladstone Road, Northcote, Auckland 0627 Tenancy Tribunal Case 4893740 — 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 4893740 — net $1,782.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/4/24	$3,364.29	Rent arrears to 26/4/24
Water rates	$110.24	Water rates
Rubbish removal	$437.58	Rubbish removal
Cleaning	$150.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,782.55
Total payable by Tenant to Landlord	$1,782.55

Claims and awards for application 4893740 — net $1,782.55 NZD. Verify on MoJ.

Rent arrears to 26/4/24

Amount: $3,364.29
Awarded to: Landlord
Reason: Rent arrears to 26/4/24

Water rates

Amount: $110.24
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $437.58
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal Water Rates

Order

Ryan Mahoney must pay Mission Property Management Limited As Agent For Scarlette C $1,782.55 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,300.00 (3360754-008) to Mission Property Management Limited As Agent For Scarlette C immediately.

Reasons

The landlord attended the hearing. Mr Mahoney did not attend and so was telephoned on both numbers available for him however both phones were turned off. He had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
This was a two-year tenancy that ended with Mr Mahoney vacating without notice.
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 12 May 2024 by virtue of the signed fixed term tenancy the parties had. The landlord seeks rent arrears until 26 April which is the date it was discovered Mr Mahoney had vacated. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.
The amounts sought are considered just and proven in the circumstances and as such are ordered.

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

At the end of the tenancy a 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 (RTA).
The tenant's statutory obligation is to leave the premises reasonably clean and reasonably tidy. This is not an absolute standard, and it does not mean that the premises will necessarily be ready for occupation by a new tenant straight away. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord. The test as to whether premises are in a reasonably clean and tidy condition is an objective test, not to be determined on the basis of the subjective opinion of either the landlord or the tenant. Also a tenant, generally, should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy.
The landlord has established in evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photos of the items left were provided and of the state of the property.
Mr Mahoney had cleaned the property however the photos indicate he had missed some areas. In comparing the ingoing and outgoing photos I am satisfied that he had not left the property reasonably clean, but it was close. Accordingly, I do not consider the amount of $690 sought reasonable in the circumstances. I order $150 compensation which is considered just in light of the evidence.
The amount ordered for rubbish removal is proven in evidence and considered reasonable.
Because Mission Property Management Limited As Agent For Scarlette C has substantially succeeded with the claim I have reimbursed 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 4893740 — net $1,782.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26/4/24	$3,364.29	Rent arrears to 26/4/24
Water rates	$110.24	Water rates
Rubbish removal	$437.58	Rubbish removal
Cleaning	$150.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,782.55
Total payable by Tenant to Landlord	$1,782.55

Claims and awards for application 4893740 — net $1,782.55 NZD. Verify on MoJ.

Rent arrears to 26/4/24

Amount: $3,364.29
Awarded to: Landlord
Reason: Rent arrears to 26/4/24

Water rates

Amount: $110.24
Awarded to: Landlord
Reason: Water rates

Rubbish removal

Amount: $437.58
Awarded to: Landlord
Reason: Rubbish removal

Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal Water Rates

Order

Ryan Mahoney must pay Mission Property Management Limited As Agent For Scarlette C $1,782.55 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,300.00 (3360754-008) to Mission Property Management Limited As Agent For Scarlette C immediately.

Reasons

The landlord attended the hearing. Mr Mahoney did not attend and so was telephoned on both numbers available for him however both phones were turned off. He had been notified of the hearing by letter and text, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in his absence.
This was a two-year tenancy that ended with Mr Mahoney vacating without notice.
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 12 May 2024 by virtue of the signed fixed term tenancy the parties had. The landlord seeks rent arrears until 26 April which is the date it was discovered Mr Mahoney had vacated. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy.
The amounts sought are considered just and proven in the circumstances and as such are ordered.

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

At the end of the tenancy a 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 (RTA).
The tenant's statutory obligation is to leave the premises reasonably clean and reasonably tidy. This is not an absolute standard, and it does not mean that the premises will necessarily be ready for occupation by a new tenant straight away. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord. The test as to whether premises are in a reasonably clean and tidy condition is an objective test, not to be determined on the basis of the subjective opinion of either the landlord or the tenant. Also a tenant, generally, should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy.
The landlord has established in evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Photos of the items left were provided and of the state of the property.
Mr Mahoney had cleaned the property however the photos indicate he had missed some areas. In comparing the ingoing and outgoing photos I am satisfied that he had not left the property reasonably clean, but it was close. Accordingly, I do not consider the amount of $690 sought reasonable in the circumstances. I order $150 compensation which is considered just in light of the evidence.
The amount ordered for rubbish removal is proven in evidence and considered reasonable.
Because Mission Property Management Limited As Agent For Scarlette C has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4893740 — Rent arrears at Unit/Flat 11, 57 Gladstone Road, Northcote, Auckland 0627

At a glance

Tenancy Tribunal case 4893740 — Rent arrears at Unit/Flat 11, 57 Gladstone Road, Northcote, Auckland 0627

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