How much money was awarded in case 4907947?

Cleaning: $250.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Previous Order Application 4745275 D…: $270.44 awarded to landlord; Rent Arrears: $1,545.00 awarded to landlord; Water Rates: $103.99 awarded to landlord

What type of tenancy dispute was case 4907947?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4907947?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11588703-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 4907947?

Cleaning: $250.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant; Previous Order Application 4745275 D…: $270.44 awarded to landlord; Rent Arrears: $1,545.00 awarded to landlord; Water Rates: $103.99 awarded to landlord

What type of tenancy dispute was case 4907947?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4907947?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11588703-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4907947 — Rent arrears

Q: What was Tenancy Tribunal case 4907947 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

Claims and awards in Tenancy Tribunal application 4907947 — net $1,648.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,545.00		Rent arrears
Previous order application 4745275 dated 28/05/2024	$270.44		Previous order application 4745275 dated 28/05/2024
Water rates	$103.99		Water rates
Cleaning		$250.00	emises in a reasonably clean and tidy condition. The tenants are ordered to pay $250.00.
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$1,919.43	$270.44
Net award	$1,648.99
Total payable by Tenant to Landlord	$1,648.99

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants and Landlord’s names and identifying details.

[The tenant/s] must pay [The landlord/s] $1,648.99 immediately, calculated as shown in table below.

This order incorporates the Tribunal order made on 28 May 2024 under application 4745275.

Reasons

Both parties attended the video hearing.

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

The parties confirmed that the bond had already been released to the tenants.

An issue was raised as to whether the correct tenants were included in these proceedings. In particular, whether [Tenant 1] was a tenant and whether other tenants should have been included.

I note that [Tenant 1] is recorded as a tenant in the tenants’ previous application to the Tribunal TT 4745275 which relates to the same tenancy. This would lend weight to the landlord’s argument that [Tenant 1] was a tenant. Secondly, tenants are what is called “jointly and severally” liable under the terms of a tenancy agreement. This means that they are together jointly liable and individually liable for all costs.

How much is owed for rent and water rates?

The landlord evidence on this issue was not clear and records do not appear to have been kept correctly. As best as I can ascertain from the evidence, the tenancy ended on 12 February 2024. This finding accords with the Tribunal’s finding in a previous application between these parties under TT 4745275. This results in the rent being in arrears on that date by $1,545.00.

The landlord provided an invoice from Watercare for $103.99. That amount is proven. The landlord claimed for an end of tenancy water estimate. No invoice was provided, despite a year having passed since the end of the tenancy. The burden of proving the claim is on the landlord. The landlord has not proven the claim to the required standard and the claim for $94.53 is dismissed.

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, 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 landlord’s invoice refers to a “Deep Clean” and the landlord said that no further cleaning had been carried out after the end of this tenancy. Having reviewed the photos and the evidence at the hearing, I consider that some cleaning was required to leave the premises in a reasonably clean and tidy condition. The tenants are ordered to pay $250.00.

The amounts ordered are proved.

The landlord has claimed compensation for having a plumber attend to repair a blocked toilet. The plumber attended after the end of the tenancy. Both parties agreed that the tenants had raised issues relating to the toilet on a number of occasions throughout the tenancy and that the plumber had been called more than once. The plumbers invoice simply states “Blocked Toilet”. No further information has been supplied by the plumber as to the cause of the problem. The burden of proof being on the landlord, the claim is dismissed for lack of supporting evidence.

As [The landlord/s] has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.

Both parties have applied for name suppression. Having reviewed the outcome, I consider that both parties have been substantially successful and suppression is ordered for the names and details of both parties.

Claims and awards in Tenancy Tribunal application 4907947 — net $1,648.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears	$1,545.00		Rent arrears
Previous order application 4745275 dated 28/05/2024	$270.44		Previous order application 4745275 dated 28/05/2024
Water rates	$103.99		Water rates
Cleaning		$250.00	emises in a reasonably clean and tidy condition. The tenants are ordered to pay $250.00.
Filing fee reimbursement		$20.44	Filing fee reimbursement
Total award	$1,919.43	$270.44
Net award	$1,648.99
Total payable by Tenant to Landlord	$1,648.99

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants and Landlord’s names and identifying details.
[The tenant/s] must pay [The landlord/s] $1,648.99 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 28 May 2024 under application 4745275.

Reasons

Both parties attended the video hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The parties confirmed that the bond had already been released to the tenants.
An issue was raised as to whether the correct tenants were included in these proceedings. In particular, whether [Tenant 1] was a tenant and whether other tenants should have been included.
I note that [Tenant 1] is recorded as a tenant in the tenants’ previous application to the Tribunal TT 4745275 which relates to the same tenancy. This would lend weight to the landlord’s argument that [Tenant 1] was a tenant. Secondly, tenants are what is called “jointly and severally” liable under the terms of a tenancy agreement. This means that they are together jointly liable and individually liable for all costs.

How much is owed for rent and water rates?

The landlord evidence on this issue was not clear and records do not appear to have been kept correctly. As best as I can ascertain from the evidence, the tenancy ended on 12 February 2024. This finding accords with the Tribunal’s finding in a previous application between these parties under TT 4745275. This results in the rent being in arrears on that date by $1,545.00.
The landlord provided an invoice from Watercare for $103.99. That amount is proven. The landlord claimed for an end of tenancy water estimate. No invoice was provided, despite a year having passed since the end of the tenancy. The burden of proving the claim is on the landlord. The landlord has not proven the claim to the required standard and the claim for $94.53 is dismissed.

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, 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 landlord’s invoice refers to a “Deep Clean” and the landlord said that no further cleaning had been carried out after the end of this tenancy. Having reviewed the photos and the evidence at the hearing, I consider that some cleaning was required to leave the premises in a reasonably clean and tidy condition. The tenants are ordered to pay $250.00.
The amounts ordered are proved.
The landlord has claimed compensation for having a plumber attend to repair a blocked toilet. The plumber attended after the end of the tenancy. Both parties agreed that the tenants had raised issues relating to the toilet on a number of occasions throughout the tenancy and that the plumber had been called more than once. The plumbers invoice simply states “Blocked Toilet”. No further information has been supplied by the plumber as to the cause of the problem. The burden of proof being on the landlord, the claim is dismissed for lack of supporting evidence.
As [The landlord/s] has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.
Both parties have applied for name suppression. Having reviewed the outcome, I consider that both parties have been substantially successful and suppression is ordered for the names and details of both parties.

Tenancy Tribunal case 4907947 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 4907947 — 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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions