What was Tenancy Tribunal case 4922834 about?

The tribunal order states: Alani Niu must pay [The landlord/s] $4,450.06 immediately, calculated as shown

How much money was awarded in case 4922834?

Cleaning: $195.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,019.29 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Water Rates: $765.33 awarded to landlord

What type of tenancy dispute was case 4922834?

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

Where can I read the official tribunal order for case 4922834?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10715549-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4922834 about?

The tribunal order states: Alani Niu must pay [The landlord/s] $4,450.06 immediately, calculated as shown

How much money was awarded in case 4922834?

Cleaning: $195.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $5,019.29 awarded to landlord; Rubbish Removal: $230.00 awarded to landlord; Water Rates: $765.33 awarded to landlord

What type of tenancy dispute was case 4922834?

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

Where can I read the official tribunal order for case 4922834?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10715549-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4922834 — Rent arrears

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New Zealand Tenancy Tribunal Case 4922834 — 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 4922834 — net $4,450.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,019.29	Rent arrears
Carpet Cleaning	$195.00	Carpet Cleaning
Water rates	$765.33	Water rates
Cleaning	$500.00	Cleaning
Rubbish removal	$230.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,450.06
Total payable by Tenant to Landlord	$4,450.06

Claims and awards for application 4922834 — net $4,450.06 NZD. Verify on MoJ.

Rent arrears

Amount: $5,019.29
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $195.00
Awarded to: Landlord
Reason: Carpet Cleaning

Water rates

Amount: $765.33
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $230.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Rubbish Removal Water Rates

Order

Alani Niu must pay [The landlord/s] $4,450.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this remote hearing.
The tenant did not attend by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given.
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 and water rates?

The tenancy ended on 24 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $5,019.29 for rent and $765.33 for water rates.

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. The landlord provided photos and invoices in support of their claim.
Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy (ss 40(1)(c) and (e)(iii) RTA).
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 accepted that the cleaning carried out was to return the premises to a standard where they could be relet. It is generally accepted that the standard at the start of a tenancy is higher than the required “reasonably clean and tidy” standard. In the circumstances and having viewed the photos, I consider $500.00 to be reasonable to achieve that standard. The claim for rubbish removal is reasonable.
The landlord has claimed for carpet cleaning. The photos provided and the invoice record that stains from “slime” are on the carpet. The carpets were new at the start of the tenancy. The claim is reasonable.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been wholly successful in this hearing and suppression is ordered.

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 4922834 — net $4,450.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,019.29	Rent arrears
Carpet Cleaning	$195.00	Carpet Cleaning
Water rates	$765.33	Water rates
Cleaning	$500.00	Cleaning
Rubbish removal	$230.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,450.06
Total payable by Tenant to Landlord	$4,450.06

Claims and awards for application 4922834 — net $4,450.06 NZD. Verify on MoJ.

Rent arrears

Amount: $5,019.29
Awarded to: Landlord
Reason: Rent arrears

Carpet Cleaning

Amount: $195.00
Awarded to: Landlord
Reason: Carpet Cleaning

Water rates

Amount: $765.33
Awarded to: Landlord
Reason: Water rates

Cleaning

Amount: $500.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $230.00
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Rubbish Removal Water Rates

Order

Alani Niu must pay [The landlord/s] $4,450.06 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,280.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this remote hearing.
The tenant did not attend by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated hearing time. The calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given.
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 and water rates?

The tenancy ended on 24 July 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $5,019.29 for rent and $765.33 for water rates.

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. The landlord provided photos and invoices in support of their claim.
Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy (ss 40(1)(c) and (e)(iii) RTA).
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 accepted that the cleaning carried out was to return the premises to a standard where they could be relet. It is generally accepted that the standard at the start of a tenancy is higher than the required “reasonably clean and tidy” standard. In the circumstances and having viewed the photos, I consider $500.00 to be reasonable to achieve that standard. The claim for rubbish removal is reasonable.
The landlord has claimed for carpet cleaning. The photos provided and the invoice record that stains from “slime” are on the carpet. The carpets were new at the start of the tenancy. The claim is reasonable.
The amounts ordered are proved.
As [The applicant/s] has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
The landlord has applied for name suppression. The landlord has been wholly successful in this hearing and suppression is ordered.

Tenancy Tribunal case 4922834 — Rent arrears

At a glance

Tenancy Tribunal case 4922834 — 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

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