What was Tenancy Tribunal case 4986208 about?

The tribunal order states: Ngawai Wilson and Shane Wilson must pay [The landlord/s] $4,795.18

How much money was awarded in case 4986208?

Cleaning: $445.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,150.00 awarded to landlord; Rubbish Removal: $523.25 awarded to landlord; Water Rates: $649.93 awarded to landlord

What type of tenancy dispute was case 4986208?

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

Where can I read the official tribunal order for case 4986208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11046859-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4986208 about?

The tribunal order states: Ngawai Wilson and Shane Wilson must pay [The landlord/s] $4,795.18

How much money was awarded in case 4986208?

Cleaning: $445.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,150.00 awarded to landlord; Rubbish Removal: $523.25 awarded to landlord; Water Rates: $649.93 awarded to landlord

What type of tenancy dispute was case 4986208?

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

Where can I read the official tribunal order for case 4986208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11046859-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4986208 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 4986208 — net $4,795.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,150.00	Rent arrears
Cleaning and carpet clean (stairs and downstairs bedroom	$445.00	Cleaning and carpet clean (stairs and downstairs bedroom
Rubbish removal	$523.25	Rubbish removal
Water rates	$649.93	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,795.18
Total payable by Tenant to Landlord	$4,795.18

Ngawai Wilson and Shane Wilson must pay [The landlord/s] $4,795.18 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$3,150.00 Cleaning and carpet clean (stairs and downstairs bedroom)$445.00 Rubbish removal$523.25 Water rates$649.93 Filing fee reimbursement$27.00 Total award$4,795.18 Total payable by Tenant to Landlord$4,795.18

Reasons

The landlord attended the hearing. There was no appearance by the tenants.

The landlord has applied for rent arrears, water rates, and compensation.

A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered where applicable.

This was a very long tenancy, commencing 2010. The initial rent per week remained unchanged during this tenancy of some 14 years.

How much is owed for rent and water rates?

The tenancy ended on 10 August 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as awarded.

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

The statutory requirement is that tenants leave the premises in a reasonably clean and reasonably tidy condition (see section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”)). The RTA allows for fair wear and tear. A tenant is not required to leave a property spotless or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. A tenant is not required to rigorously clean all walls, ceilings lightshades, skirtings, behind appliances or the outside of the house. It is common that a landlord wishes to clean to this “extra” level so that they can re- tenant or sell. However, that is a business decision that a landlord makes at their cost.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord provided two invoices and supporting photographs taken as part of the preparation for marketing the premises. The photos are useful with regards to the rubbish/item removal. The cleaning tasks would only have been established after the move out. The tenant was employed as cleaner by the landlord. She had previously been employed to conduct vacated tenancy cleans at other rental properties of theirs, as well as for some friends. The landlord submitted this showed the tenant was well aware of the required cleaning standard, albeit something not obtained here.

The cleaning/carpet cleaning invoice was for $890.00. After reviewing the photographs and considering the landlord’s submissions, I consider the cleaning may have been to an extent higher than typically required of a tenant. This consideration reflects the pending settlement of the sale and input from the listing agent on the tasks. I consider a tenant contribution of 50% of that invoiced cost is reasonable.

The photos also showed damage to areas that would more than likely be considered more than wear and tear, and therefore a tenant liability. However, the purchasers choose, at the pre-settlement inspection, not to seek any change to the agreed sale price. Given that, and no actual loss was incurred, the landlord had not lodged a claim regarding this damage.

The amounts ordered are proved. Filing fee

Because [The applicant/s] have substantially succeeded with their claim I have reimbursed the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression in its application. As it has been substantially successful, suppression is ordered.

Order

Claims and awards in Tenancy Tribunal application 4986208 — net $4,795.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,150.00	Rent arrears
Cleaning and carpet clean (stairs and downstairs bedroom	$445.00	Cleaning and carpet clean (stairs and downstairs bedroom
Rubbish removal	$523.25	Rubbish removal
Water rates	$649.93	Water rates
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,795.18
Total payable by Tenant to Landlord	$4,795.18

Reasons

The landlord attended the hearing. There was no appearance by the tenants.

The landlord has applied for rent arrears, water rates, and compensation.

In the decision that follows I may not have referred to all the oral testimony and other evidence presented, but the parties should know it has been considered where applicable.

This was a very long tenancy, commencing 2010. The initial rent per week remained unchanged during this tenancy of some 14 years.

How much is owed for rent and water rates?

The tenancy ended on 10 August 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy are as awarded.

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 amounts ordered are proved. Filing fee

Because [The applicant/s] have substantially succeeded with their claim I have reimbursed the filing fee. Suppression

The landlord requested suppression in its application. As it has been substantially successful, suppression is ordered.

Tenancy Tribunal case 4986208 — Rent arrears

At a glance

Tenancy Tribunal case 4986208 — 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