What was Tenancy Tribunal case 4956995 about?

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

How much money was awarded in case 4956995?

Cleaning: $808.00 awarded to landlord; Cost Of Breaking Fixed Term Lease: $1,368.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Power: $99.25 awarded to landlord; Rent Arrears: $5,178.57 awarded to landlord

What type of tenancy dispute was case 4956995?

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

Where can I read the official tribunal order for case 4956995?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11089167-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4956995 about?

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

How much money was awarded in case 4956995?

Cleaning: $808.00 awarded to landlord; Cost Of Breaking Fixed Term Lease: $1,368.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Power: $99.25 awarded to landlord; Rent Arrears: $5,178.57 awarded to landlord

What type of tenancy dispute was case 4956995?

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

Where can I read the official tribunal order for case 4956995?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11089167-Tribunal_Order_Redacted.pdf.

100 Ranfurly Road, Alfriston, Auckland 2105 Tenancy Tribunal Case 4956995 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4956995 — net $7,781.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,178.57	Rent arrears
Cleaning	$808.00	Cleaning
Lawns and Garden work	$300.00	Lawns and Garden work
Power	$99.25	Power
Cost of breaking fixed term lease	$1,368.50	Cost of breaking fixed term lease
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,781.32
Total payable by Tenant to Landlord	$7,781.32

The Landlord attended the hearing. The Tenant did not. I am satisfied that the Tenant was aware of the hearing. She was sent a Notice of Hearing on 29 October 2024 and a reminder message on 11 November 2024. I therefore proceeded without the Tenant.

This was a fixed term tenancy from 21 July 2023 to 2 August 2024. On 1 May 2024, the Tenant requested, in writing, to be released from the tenancy. The Landlord agreed on the basis that the Tenant would remain liable for all rent until the premises were re-let and that the Tenant would pay a break fee of $1,190 plus GST to cover the Landlord’s reasonable costs of re-letting the premises. That agreement is consistent with the terms of the tenancy agreement between the parties, particularly clause 20 on page 5 of the agreement, which sets out the process and terms of any early termination of the fixed term tenancy.

The premises were re-let on 23 June 2024. By then, the Tenant had fallen behind in rent payments. A Summary of Rent document provided by the Landlord shows that the rent was in arrears by $10,178.57 on 21 June 2023. The Tenant then agreed to release the $5,000 bond to the Landlord, which was applied to the rent arrears, leaving current rent arrears of $5,178.57.

The Landlord seeks to recover those rent arrears, the filing fee for this claim of $27 and the following costs it claims to have incurred at the end of the tenancy: (a)Lawnmowing costs - $300 (b)The cost of reconnecting electricity to the premises - $99.25 (c)Cleaning costs - $1,058 (d)The fixed term break fee - $1,368.50.

The Landlord also sought to recover $115.02 for lawnmowing costs during the term of the tenancy but abandoned that claim during the hearing. The rent arrears

Under s 40(1)(a) of the Residential Tenancies Act 1986 (RTA) and the fixed term tenancy agreement, the Tenant was obliged to continue to pay the rent until the end of the tenancy (2 August 2024). The evidence provided by the Landlord, particularly the Summary of Rent document, demonstrates that the Tenant did not continue to pay the rent and the rent is now in arrears.

The evidence shows that the Landlord took reasonable steps to mitigate the loss it has suffered by the Tenant failing to pay the rent. The Landlord produced evidence to show that it made reasonable efforts to re-let the property quickly, and ultimately succeeded in doing so on 23 June 2024. I am therefore satisfied that the Landlord is entitled to recover the entire amount of the rent arrears from the Tenant. The cleaning and lawnmowing costs

The RTA requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (section 45(1)(a)), and there is an equivalent obligation on the tenant to return the premises at the end of the tenancy: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.

The RTA does not require the vacated premises to be in an immaculate condition, only in a reasonably clean and tidy state. The Tribunal will also take into account 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).

The onus for establish the claim, sits with the person making it. 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 Landlord has proven that the lawns were not left in a reasonably tidy condition. The photographs provided by the Landlord show that the grass was long and had not been mown for some time. The photographs also show that this is a large semi-rural property, so the $300 cost of mowing the lawns at the end of the tenancy was reasonable to return the lawns to a reasonably tidy state.

The Landlord also seeks to recover $1,058 for cleaning the premises. The Landlord produced photographs to show that parts of the premises were not reasonably clean or tidy – the carpets were stained in places and it seems the Tenant made no real effort to clean the premises before vacating – necessitating a cleaning effort greater than would normally be expected at the end of a tenancy.

I am satisfied that the Landlord is entitled to recover the reasonable cost of returning the premises to the required standard, but the amount it seeks is too high. As accepted by the Landlord’s agent during the hearing, at least some of that cost would have been incurred even if the premises were left in a satisfactory condition. I therefore reduce the amount awarded to the Landlord for cleaning the premises to $808 – a reduction of $250. The electricity

Under the RTA, and the tenancy agreement, the Tenant was responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities. Section 39 of the RTA is a provision which sets out the landlord and tenants “responsibility for outgoings”. Subsection 3 records: The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities.

The Landlord advises that the Tenant disconnected the electricity to the property before the end of the tenancy and that the electricity supply needed to remain to operate a water tank pump. As a result, the Landlord reconnected the electricity supply on about 10 June 2024, and seeks to recover the $99.25 cost of electricity from that date until the end of the tenancy.

I find that, applying s 39 of the RTA, the Landlord is entitled to recover this cost from the Tenant. The tenancy remained on foot, so the Tenant continued to have a right of occupation until the end of the tenancy. Because the Tenant continued to have the right to occupy, she remained responsible for all necessary outgoings exclusively attributable to the premises – including the electricity supply that needed to remain connected to ensure the operation of the water tank pump. The break fee

The Landlord seeks to recover $1,368.50 ($1,190 plus GST) to cover the Landlord’s reasonable costs of re-letting the premises as a result of the early termination of the fixed term tenancy. The Landlord has provided evidence to show: (a)On 1 May 2024, the Tenant requested, in writing, to be released from the tenancy. (b)The Landlord agreed on the basis that the Tenant would remain liable for all rent until the premises were re-let and that the Tenant would pay a break fee of $1,190 plus GST to cover the Landlord’s reasonable costs of re-letting the premises. (c)That agreement was consistent with the terms of the tenancy agreement between the parties, particularly clause 20 on page 5 of the agreement, which sets out the process and terms of any early termination of the fixed term tenancy. (d)The Landlord supplied the Tenant with an itemised list of the reasonable costs that may be incurred in re-letting the premises. (e)The Landlord incurred costs, including the cost of advertising the premises and the cost of the property manager’s time in attending the premises to meet prospective new tenants.

The cost claimed by the Landlord is reasonable and given that cost arose from the Tenant’s early termination of the fixed term tenancy, I am satisfied that this is a cost for which the Tenant ought to be liable. Suppression and filing fee

The Landlord seeks name suppression. Given it has been largely successful in its claim, I order accordingly. I also order that the Tenant must pay the filing fee of $27 to the Landlord.

Reasons

Claims and awards in Tenancy Tribunal application 4956995 — net $7,781.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$5,178.57	Rent arrears
Cleaning	$808.00	Cleaning
Lawns and Garden work	$300.00	Lawns and Garden work
Power	$99.25	Power
Cost of breaking fixed term lease	$1,368.50	Cost of breaking fixed term lease
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,781.32
Total payable by Tenant to Landlord	$7,781.32

The Landlord also sought to recover $115.02 for lawnmowing costs during the term of the tenancy but abandoned that claim during the hearing. The rent arrears

The Landlord seeks name suppression. Given it has been largely successful in its claim, I order accordingly. I also order that the Tenant must pay the filing fee of $27 to the Landlord.

Tenancy Tribunal case 4956995 — Rent arrears at 100 Ranfurly Road, Alfriston, Auckland 2105

At a glance

Tenancy Tribunal case 4956995 — Rent arrears at 100 Ranfurly Road, Alfriston, Auckland 2105

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions