What was Tenancy Tribunal case 4951495 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $4,477.33 immediately, calculated as

How much money was awarded in case 4951495?

Cleaning: $150.00 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Letting Fee: $372.25 awarded to landlord; Pest Control: $184.00 awarded to landlord; Rent Arrears: $4,172.14 awarded to landlord; Rubbish Removal: $57.50 awarded to landlord

What type of tenancy dispute was case 4951495?

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

Where can I read the official tribunal order for case 4951495?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10764197-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4951495 about?

The tribunal order states: [The tenant/s] must pay [The landlord/s] $4,477.33 immediately, calculated as

How much money was awarded in case 4951495?

Cleaning: $150.00 awarded to landlord; Cleaning: $414.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Letting Fee: $372.25 awarded to landlord; Pest Control: $184.00 awarded to landlord; Rent Arrears: $4,172.14 awarded to landlord; Rubbish Removal: $57.50 awarded to landlord

What type of tenancy dispute was case 4951495?

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

Where can I read the official tribunal order for case 4951495?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10764197-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4951495 — Rent arrears

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New Zealand Tenancy Tribunal Case 4951495 — 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 4951495 — net $4,477.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears– 14 June 2024 – 11 August 2024	$4,172.14	Rent arrears– 14 June 2024 – 11 August 2024
Cleaning	$414.00	Cleaning
Rubbish removal	$57.50	Rubbish removal
Carpet Cleaning	$150.00	Carpet Cleaning
Pest control	$184.00	Pest control
Letting fee	$372.25	Letting fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,477.33
Total payable by Tenant to Landlord	$4,477.33

Claims and awards for application 4951495 — net $4,477.33 NZD. Verify on MoJ.

Rent arrears– 14 June 2024 – 11 August 2024

Amount: $4,172.14
Awarded to: Landlord
Reason: Rent arrears– 14 June 2024 – 11 August 2024

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $57.50
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Carpet Cleaning

Pest control

Amount: $184.00
Awarded to: Landlord
Reason: Pest control

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Rent arrears Rubbish Removal

Order

[The tenant/s] must pay [The landlord/s] $4,477.33 immediately, calculated as shown in table below.

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.
The tenant disputed the landlord’s claims generally on the basis he had not intentionally abandoned the tenancy but had not been able to go to the property due to issues with the previous tenant.
The tenant raised concerns around the validity of the previous tenant’s withdrawal from the tenancy on the grounds of family violence.
These matters were addressed in Tribunal decision of 12 June 2024 and I explained to the tenant that I cannot consider those matters any further.

RENT ARREARS

How much is owed for rent?

The tenancy was terminated by order of the Tribunal on 12 June 2024.
This was a fixed term tenancy, with a contractual end date of 5 October 2024.
As this is a fixed-term tenancy, the tenant is liable for rent until the expiry of the term or the date of the commencement of a new tenancy, whichever is the earlier. See section 61 of the Residential Tenancies Act 1986.
The Tribunal order of 12 June 2024 included an order for rent arrears to 13 June 2024. The landlord advised a new tenancy commenced on 12 August 2024.
The landlord provided rent records which prove the amount owing as at 11 August 2024.
Accordingly, I make an order for rent arrears from 14 June 2024 to 11 August 2024 for $4,172.14

CLEANING AND PEST CONTROL

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. .
The RTA does not require the premises to be returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work). If the landlord is seeking to recover costs for cleaning and rubbish removal, it is the landlord who must prove that the tenant has breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the landlord does not establish a breach to the balance of probability, then their claim will be dismissed.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord’s evidence was: a. that the property was dirty throughout, b. that the carpets were dirty and had stains, c. that surfaces and walls were dirty and marked, and d. that there was rubbish that required removal.
The landlord provided inspection reports from the start and end of the tenancy, photographs and invoices to support the claim.
Rubbish removal, carpet cleaning, general cleaning and pest control was therefore required.
The amounts ordered are proved.

LANDLORD EXPENSES

The landlord is entitled to recover from the tenant any expenses reasonably incurred by the landlord in respect of the termination of a fixed term tenancy. See section 44 A of the Residential Tenancies Act 1986.
The landlord provided an itemised account of the expenses incurred.
The tenant objected to the claim on the basis he had not signed the “Lease Break form” and that the previous tenant had forged his signature on that form. The landlord is entitled to recover expenses in any event under the Act and it is for the tenant to take the appropriate action with respect to any fraud allegations with the Police directly.

BOND

The remainder of the bond is to be paid to the landlord immediately to offset the rent arrears and compensation.

FILING FEE

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

SUPPRESSION

The Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B, make order that the name and any identifying particulars of the parties not be published, and I make this order accordingly. See section 95A(1A) of the Residential Tenancies Act 1986.

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 4951495 — net $4,477.33 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears– 14 June 2024 – 11 August 2024	$4,172.14	Rent arrears– 14 June 2024 – 11 August 2024
Cleaning	$414.00	Cleaning
Rubbish removal	$57.50	Rubbish removal
Carpet Cleaning	$150.00	Carpet Cleaning
Pest control	$184.00	Pest control
Letting fee	$372.25	Letting fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,477.33
Total payable by Tenant to Landlord	$4,477.33

Claims and awards for application 4951495 — net $4,477.33 NZD. Verify on MoJ.

Rent arrears– 14 June 2024 – 11 August 2024

Amount: $4,172.14
Awarded to: Landlord
Reason: Rent arrears– 14 June 2024 – 11 August 2024

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $57.50
Awarded to: Landlord
Reason: Rubbish removal

Carpet Cleaning

Amount: $150.00
Awarded to: Landlord
Reason: Carpet Cleaning

Pest control

Amount: $184.00
Awarded to: Landlord
Reason: Pest control

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Pest Control Rent arrears Rubbish Removal

Order

[The tenant/s] must pay [The landlord/s] $4,477.33 immediately, calculated as shown in table below.

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.
The tenant disputed the landlord’s claims generally on the basis he had not intentionally abandoned the tenancy but had not been able to go to the property due to issues with the previous tenant.
The tenant raised concerns around the validity of the previous tenant’s withdrawal from the tenancy on the grounds of family violence.
These matters were addressed in Tribunal decision of 12 June 2024 and I explained to the tenant that I cannot consider those matters any further.

RENT ARREARS

How much is owed for rent?

The tenancy was terminated by order of the Tribunal on 12 June 2024.
This was a fixed term tenancy, with a contractual end date of 5 October 2024.
As this is a fixed-term tenancy, the tenant is liable for rent until the expiry of the term or the date of the commencement of a new tenancy, whichever is the earlier. See section 61 of the Residential Tenancies Act 1986.
The Tribunal order of 12 June 2024 included an order for rent arrears to 13 June 2024. The landlord advised a new tenancy commenced on 12 August 2024.
The landlord provided rent records which prove the amount owing as at 11 August 2024.
Accordingly, I make an order for rent arrears from 14 June 2024 to 11 August 2024 for $4,172.14

CLEANING AND PEST CONTROL

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. .
The RTA does not require the premises to be returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work). If the landlord is seeking to recover costs for cleaning and rubbish removal, it is the landlord who must prove that the tenant has breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the landlord does not establish a breach to the balance of probability, then their claim will be dismissed.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord’s evidence was: a. that the property was dirty throughout, b. that the carpets were dirty and had stains, c. that surfaces and walls were dirty and marked, and d. that there was rubbish that required removal.
The landlord provided inspection reports from the start and end of the tenancy, photographs and invoices to support the claim.
Rubbish removal, carpet cleaning, general cleaning and pest control was therefore required.
The amounts ordered are proved.

LANDLORD EXPENSES

The landlord is entitled to recover from the tenant any expenses reasonably incurred by the landlord in respect of the termination of a fixed term tenancy. See section 44 A of the Residential Tenancies Act 1986.
The landlord provided an itemised account of the expenses incurred.
The tenant objected to the claim on the basis he had not signed the “Lease Break form” and that the previous tenant had forged his signature on that form. The landlord is entitled to recover expenses in any event under the Act and it is for the tenant to take the appropriate action with respect to any fraud allegations with the Police directly.

BOND

The remainder of the bond is to be paid to the landlord immediately to offset the rent arrears and compensation.

FILING FEE

Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.

SUPPRESSION

The Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B, make order that the name and any identifying particulars of the parties not be published, and I make this order accordingly. See section 95A(1A) of the Residential Tenancies Act 1986.

Tenancy Tribunal case 4951495 — Rent arrears

At a glance

Tenancy Tribunal case 4951495 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

How much is owed for rent?

CLEANING AND PEST CONTROL

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

LANDLORD EXPENSES

BOND

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

How much is owed for rent?

CLEANING AND PEST CONTROL

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

LANDLORD EXPENSES

BOND

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions