What was Tenancy Tribunal case 4926296 about?

The tribunal order states: Daphne Kilali Pritchard and Christina Pritchard must pay [The landlord/s]

How much money was awarded in case 4926296?

Cleaning: $575.00 awarded to landlord; Previous Order Application 4809977 D…: $20.44 awarded to landlord; Previous Order Application 4845680 D…: $6,293.92 awarded to landlord; Rent Arrears: $1,000.00 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord

What type of tenancy dispute was case 4926296?

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

Where can I read the official tribunal order for case 4926296?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10867434-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4926296 about?

The tribunal order states: Daphne Kilali Pritchard and Christina Pritchard must pay [The landlord/s]

How much money was awarded in case 4926296?

Cleaning: $575.00 awarded to landlord; Previous Order Application 4809977 D…: $20.44 awarded to landlord; Previous Order Application 4845680 D…: $6,293.92 awarded to landlord; Rent Arrears: $1,000.00 awarded to landlord; Rubbish Removal: $575.00 awarded to landlord

What type of tenancy dispute was case 4926296?

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

Where can I read the official tribunal order for case 4926296?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10867434-Tribunal_Order_Redacted.pdf.

327 Great South Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4926296 — Rent arrears

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327 Great South Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 4926296 — 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 4926296 — net $8,464.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 May 2024	$1,000.00	Rent arrears to 7 May 2024
Previous order application 4809977 dated 25/03/2024	$20.44	Previous order application 4809977 dated 25/03/2024
Previous order application 4845680 dated 24/04/2024	$6,293.92	Previous order application 4845680 dated 24/04/2024
Cleaning	$575.00	Cleaning
Rubbish removal	$575.00	Rubbish removal
Net award	$8,464.36
Total payable by Tenant to Landlord	$8,464.36

Claims and awards for application 4926296 — net $8,464.36 NZD. Verify on MoJ.

Rent arrears to 7 May 2024

Amount: $1,000.00
Awarded to: Landlord
Reason: Rent arrears to 7 May 2024

Previous order application 4809977 dated 25/03/2024

Amount: $20.44
Awarded to: Landlord
Reason: Previous order application 4809977 dated 25/03/2024

Previous order application 4845680 dated 24/04/2024

Amount: $6,293.92
Awarded to: Landlord
Reason: Previous order application 4845680 dated 24/04/2024

Cleaning

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $575.00
Awarded to: Landlord
Reason: Rubbish removal

Dismissed claims

Further Water And Power Arrears Is N… — Did the tenant comply with their obligations at the end of the tenancy?
Property Damage

Claim types — money lines allowed on this order

Cleanliness Rent arrears Rubbish Removal Property damage

Order

Daphne Kilali Pritchard and Christina Pritchard must pay [The landlord/s] $8,464.36 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. Although the hearing was scheduled to be heard in person, the landlord attended by phone from overseas following a last-minute application. There was no appearance by the tenants.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Previous orders
There have already been two Tribunal orders made in relation to this tenancy: a. On 25 March 2024 (TT4809977) the Tribunal made an order for rent arrears and refund of the filing fee. b. On 24 April 2024 (TT4845680) the Tribunal made an order terminating the tenancy and granting possession to the landlord, together with rent arrears, power and water arrears and refund of the filing fee. Following the release of the bond to the landlord the total amount ordered was $6,293.92.
On reviewing both matters it appears that when making orders on 24 April 2024 the Tribunal was not made aware that an order for rent arrears had previously been made on 25 March 2024, and so the total order for rent arrears on that date included the arrears previously ordered.
I have therefore incorporated the refund of the filing fee made on 25 March 2024 and the additional orders made on 24 April 2023 into this order for enforcement purposes.

How much is owed for rent?

The tenancy ended by order for termination of the Tribunal (TT 4809977) and possession was granted to the landlord on 30 April 2024. The landlord said that the tenants did not move out until 13 May 2024 and so the landlord seeks an additional two weeks rent for those further weeks.
I note that the landlord’s exit inspection photos dated 4 May 2024 show that the tenants had already moved out, but had left some items behind. [the Property Manager] explained that the tenants had told her that their brother was going to come back and collect these items, but never did, and so the tenants continued to be liable for rent until the items were removed by the landlord.
I do not consider that the landlord is entitled to charge rent for an additional two weeks. The tenants had clearly left by 4 May 2024. The law makes provision for situations where tenants leave goods behind (see section 62 Residential Tenancies Act 1986). I consider that it was reasonable for the landlord to continue to charge rent until 7 May 2024 but not beyond that date. I therefore make an order for one further weeks of rent arrears ($1,000), from 1 May 2024 to 7 May 2024.

Is the landlord entitled to additional amounts for water and power?

The previous Tribunal order 4809977 already includes water and power arrears to 30 April 2024.
The landlord did not produce any further invoices for the period 31 April 2024 to 7 May 2024.
The landlord’s additional claim for further water and power arrears is not proven and 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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord produced exit inspection photos showing the kitchen and bathroom were not clean, surfaces were not wiped down, and the carpet was very dirty throughout, due to the tenants keeping four dogs on the premises.
The tenant produced an invoice for cleaning in the amount of $805.00 for cleaning.
Tenants only need to leave a property reasonably clean and tidy, they do not need to leave a property spotless and ready for another tenant to move into.
I consider that the portion of the landlord’s invoice that represents the amount of cleaning that would have been required to get the property to a “reasonably clean and tidy” condition to be $575.00. I order compensation to the landlord of that amount.
The tenants left behind a large amount of rubbish. The exit inspection photos show a large amount of black bin bags full of rubbish and various broken furniture, old mattresses and other items.
The landlord produced an invoice in the amount of $575.00 for rubbish removal. I consider this amount to be reasonable and order compensation to the landlord for that amount.

Is the tenant responsible for the damage to the premises?

The landlord says that the tenant has caused damage to the property. They produced an invoice for the following amounts (excl GST):
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 RTA.
Although the landlord provided exit inspection photos, there was no entry inspection report showing the condition of the property at the start of the tenancy. The landlord had provided a Healthy Homes report which does have some photos but these photos are not very extensive and were taken on 31 March 2023, eight months before the tenancy began.
After considering the evidence before me I do not consider that the landlord has proved that the damage was caused during the tenancy.
The landlord’s claim for damage is dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has sought an order for name suppression. As the landlord is the substantially successful party they are entitled to an order for name suppression under Section 95A RTA.

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 4926296 — net $8,464.36 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 7 May 2024	$1,000.00	Rent arrears to 7 May 2024
Previous order application 4809977 dated 25/03/2024	$20.44	Previous order application 4809977 dated 25/03/2024
Previous order application 4845680 dated 24/04/2024	$6,293.92	Previous order application 4845680 dated 24/04/2024
Cleaning	$575.00	Cleaning
Rubbish removal	$575.00	Rubbish removal
Net award	$8,464.36
Total payable by Tenant to Landlord	$8,464.36

Claims and awards for application 4926296 — net $8,464.36 NZD. Verify on MoJ.

Rent arrears to 7 May 2024

Amount: $1,000.00
Awarded to: Landlord
Reason: Rent arrears to 7 May 2024

Previous order application 4809977 dated 25/03/2024

Amount: $20.44
Awarded to: Landlord
Reason: Previous order application 4809977 dated 25/03/2024

Previous order application 4845680 dated 24/04/2024

Amount: $6,293.92
Awarded to: Landlord
Reason: Previous order application 4845680 dated 24/04/2024

Cleaning

Amount: $575.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $575.00
Awarded to: Landlord
Reason: Rubbish removal

Dismissed claims

Further Water And Power Arrears Is N… — Did the tenant comply with their obligations at the end of the tenancy?
Property Damage

Claim types — money lines allowed on this order

Cleanliness Rent arrears Rubbish Removal Property damage

Order

Daphne Kilali Pritchard and Christina Pritchard must pay [The landlord/s] $8,464.36 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. Although the hearing was scheduled to be heard in person, the landlord attended by phone from overseas following a last-minute application. There was no appearance by the tenants.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Previous orders
There have already been two Tribunal orders made in relation to this tenancy: a. On 25 March 2024 (TT4809977) the Tribunal made an order for rent arrears and refund of the filing fee. b. On 24 April 2024 (TT4845680) the Tribunal made an order terminating the tenancy and granting possession to the landlord, together with rent arrears, power and water arrears and refund of the filing fee. Following the release of the bond to the landlord the total amount ordered was $6,293.92.
On reviewing both matters it appears that when making orders on 24 April 2024 the Tribunal was not made aware that an order for rent arrears had previously been made on 25 March 2024, and so the total order for rent arrears on that date included the arrears previously ordered.
I have therefore incorporated the refund of the filing fee made on 25 March 2024 and the additional orders made on 24 April 2023 into this order for enforcement purposes.

How much is owed for rent?

The tenancy ended by order for termination of the Tribunal (TT 4809977) and possession was granted to the landlord on 30 April 2024. The landlord said that the tenants did not move out until 13 May 2024 and so the landlord seeks an additional two weeks rent for those further weeks.
I note that the landlord’s exit inspection photos dated 4 May 2024 show that the tenants had already moved out, but had left some items behind. [the Property Manager] explained that the tenants had told her that their brother was going to come back and collect these items, but never did, and so the tenants continued to be liable for rent until the items were removed by the landlord.
I do not consider that the landlord is entitled to charge rent for an additional two weeks. The tenants had clearly left by 4 May 2024. The law makes provision for situations where tenants leave goods behind (see section 62 Residential Tenancies Act 1986). I consider that it was reasonable for the landlord to continue to charge rent until 7 May 2024 but not beyond that date. I therefore make an order for one further weeks of rent arrears ($1,000), from 1 May 2024 to 7 May 2024.

Is the landlord entitled to additional amounts for water and power?

The previous Tribunal order 4809977 already includes water and power arrears to 30 April 2024.
The landlord did not produce any further invoices for the period 31 April 2024 to 7 May 2024.
The landlord’s additional claim for further water and power arrears is not proven and 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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord produced exit inspection photos showing the kitchen and bathroom were not clean, surfaces were not wiped down, and the carpet was very dirty throughout, due to the tenants keeping four dogs on the premises.
The tenant produced an invoice for cleaning in the amount of $805.00 for cleaning.
Tenants only need to leave a property reasonably clean and tidy, they do not need to leave a property spotless and ready for another tenant to move into.
I consider that the portion of the landlord’s invoice that represents the amount of cleaning that would have been required to get the property to a “reasonably clean and tidy” condition to be $575.00. I order compensation to the landlord of that amount.
The tenants left behind a large amount of rubbish. The exit inspection photos show a large amount of black bin bags full of rubbish and various broken furniture, old mattresses and other items.
The landlord produced an invoice in the amount of $575.00 for rubbish removal. I consider this amount to be reasonable and order compensation to the landlord for that amount.

Is the tenant responsible for the damage to the premises?

The landlord says that the tenant has caused damage to the property. They produced an invoice for the following amounts (excl GST):
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 RTA.
Although the landlord provided exit inspection photos, there was no entry inspection report showing the condition of the property at the start of the tenancy. The landlord had provided a Healthy Homes report which does have some photos but these photos are not very extensive and were taken on 31 March 2023, eight months before the tenancy began.
After considering the evidence before me I do not consider that the landlord has proved that the damage was caused during the tenancy.
The landlord’s claim for damage is dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has sought an order for name suppression. As the landlord is the substantially successful party they are entitled to an order for name suppression under Section 95A RTA.

Tenancy Tribunal case 4926296 — Rent arrears at 327 Great South Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 4926296 — Rent arrears at 327 Great South Road, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Is the landlord entitled to additional amounts for water and power?

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

Dismissed claims

Order

Reasons

How much is owed for rent?

Is the landlord entitled to additional amounts for water and power?

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