What was Tenancy Tribunal case 4897961 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $1,131.98 from the bond, calculated as

How much money was awarded in case 4897961?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $864.29 awarded to landlord; Rubbish Removal: $247.25 awarded to landlord

What type of tenancy dispute was case 4897961?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4897961?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10646275-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4897961 about?

The tribunal order states: [The tenant/s] to pay [The landlord/s] $1,131.98 from the bond, calculated as

How much money was awarded in case 4897961?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $864.29 awarded to landlord; Rubbish Removal: $247.25 awarded to landlord

What type of tenancy dispute was case 4897961?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4897961?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10646275-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4897961 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4897961 — net $1,131.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/4/24	$864.29	Rent arrears to 15/4/24
Rubbish removal: & cleaning	$247.25	Rubbish removal: & cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,131.98
Bond	$2,080.00
Total payable by Tenant to Landlord	$1,131.98

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 15 April 2024. The landlord provided rent records and the tenants agree with the amount owing. Accordingly, an order for rent arrears is made by consent.

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

The landlord seeks compensation for having to clean the rubbish bins, weed the gardens, remove some items left at the tenancy and the disposal fees.

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 (RTA). Costs sought in compensation for a breach of this responsibility must be reasonable.

[The respondent/s] submits that these costs are not reasonable. He says the landlord acted disrespectfully towards them and these costs are pedantic. He says he left the bins at the roadside for collection and so they should have been emptied. He does accept there may have been one item left in the recycling bin that would not be collected.

He also says he did weed the gardens but accepts there were some left in the raised bed. He does accept he left a heavy compost bin. He further explains that he did leave some items unintentionally at the premise.

I accept the claim as reasonable. The bins had not been collected although a tenant is entitled to leave them at the streetside for collection upon the conclusion of their tenancy. They do however need to abide by the requirements of the bin collectors in leaving the appropriate items in them.

I accept that there were lawn clippings in the garden bed which needed to be removed. Further, any items left by tenants of this nature at the end of a tenancy, if they do not collect them, can be disposed of by a landlord. Finally, I accept the specific costs claimed are reasonable in light of the evidence provided.

I understand that sadly the relationship between the parties has become acrimonious. However, as discussed with [The respondent/s] at the hearing, he is entitled to file his own claims with the Tribunal, but they could not be discussed at this hearing. This is because the only claims before me today were the landlord’s for rent arrears and compensation.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Because the order for rent arrears is made by consent, it is appropriate that all party identifying details be suppressed from the published order. This means that the order the parties receive is for their private use and cannot be published either.

Claims and awards in Tenancy Tribunal application 4897961 — net $1,131.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/4/24	$864.29	Rent arrears to 15/4/24
Rubbish removal: & cleaning	$247.25	Rubbish removal: & cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,131.98
Bond	$2,080.00
Total payable by Tenant to Landlord	$1,131.98

Order

[The tenant/s] to pay [The landlord/s] $1,131.98 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $1,131.98 [The tenant/s]: $948.02

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 15 April 2024. The landlord provided rent records and the tenants agree with the amount owing. Accordingly, an order for rent arrears is made by consent.

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

The landlord seeks compensation for having to clean the rubbish bins, weed the gardens, remove some items left at the tenancy and the disposal fees.
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 (RTA). Costs sought in compensation for a breach of this responsibility must be reasonable.
[The respondent/s] submits that these costs are not reasonable. He says the landlord acted disrespectfully towards them and these costs are pedantic. He says he left the bins at the roadside for collection and so they should have been emptied. He does accept there may have been one item left in the recycling bin that would not be collected.
He also says he did weed the gardens but accepts there were some left in the raised bed. He does accept he left a heavy compost bin. He further explains that he did leave some items unintentionally at the premise.
I accept the claim as reasonable. The bins had not been collected although a tenant is entitled to leave them at the streetside for collection upon the conclusion of their tenancy. They do however need to abide by the requirements of the bin collectors in leaving the appropriate items in them.
I accept that there were lawn clippings in the garden bed which needed to be removed. Further, any items left by tenants of this nature at the end of a tenancy, if they do not collect them, can be disposed of by a landlord. Finally, I accept the specific costs claimed are reasonable in light of the evidence provided.
I understand that sadly the relationship between the parties has become acrimonious. However, as discussed with [The respondent/s] at the hearing, he is entitled to file his own claims with the Tribunal, but they could not be discussed at this hearing. This is because the only claims before me today were the landlord’s for rent arrears and compensation.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
Because the order for rent arrears is made by consent, it is appropriate that all party identifying details be suppressed from the published order. This means that the order the parties receive is for their private use and cannot be published either.

Tenancy Tribunal case 4897961 — Rent arrears

At a glance

Tenancy Tribunal case 4897961 — Rent arrears

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

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

Frequently asked questions