What was the outcome of Tenancy Tribunal case 4989168?

The tribunal order states: Tyson Stowers must pay Opes Property Management North Limited $819.32

How much money was awarded in case 4989168?

Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $252.43 awarded to landlord; Rent Arrears: $2,142.86 awarded to landlord; Rubbish Removal: $286.35 awarded to landlord; Water Rates: $160.68 awarded to landlord

What type of tenancy dispute was case 4989168?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4989168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11287677-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4989168?

The tribunal order states: Tyson Stowers must pay Opes Property Management North Limited $819.32

How much money was awarded in case 4989168?

Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $252.43 awarded to landlord; Rent Arrears: $2,142.86 awarded to landlord; Rubbish Removal: $286.35 awarded to landlord; Water Rates: $160.68 awarded to landlord

What type of tenancy dispute was case 4989168?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4989168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11287677-Tenancy_Tribunal_Order.pdf.

Unit/Flat 11, 474 West Coast Road, Glen Eden, Auckland Tenancy Tribunal Case 4989168 — Rent arrears

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Unit/Flat 11, 474 West Coast Road, Glen Eden, Auckland Tenancy Tribunal Case 4989168 — 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 4989168 — net $819.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 August 2024	$2,142.86	Rent arrears to 6 August 2024
Water rates: 27 March - 29 July 2024	$160.68	Water rates: 27 March - 29 July 2024
Cleaning	$350.00	Cleaning
Rubbish removal	$286.35	Rubbish removal
Lock/key replacement	$252.43	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$819.32
Total payable by Tenant to Landlord	$819.32

Claims and awards for application 4989168 — net $819.32 NZD. Verify on MoJ.

Rent arrears to 6 August 2024

Amount: $2,142.86
Awarded to: Landlord
Reason: Rent arrears to 6 August 2024

Water rates: 27 March - 29 July 2024

Amount: $160.68
Awarded to: Landlord
Reason: Water rates: 27 March - 29 July 2024

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $286.35
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $252.43
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Tyson Stowers must pay Opes Property Management North Limited $819.32 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (6510129-001) to Opes Property Management North Limited immediately.

Reasons

The landlord 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.

How much is owed for rent and water rates?

I have considered the emails provided by the landlord and I find the tenancy ended on 6 August 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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

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. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (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 provided photos taken at the end of the tenancy. I can see the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount I have allowed for cleaning seems fair to me, based on the evidence provided.
The tenant did not return the keys. The amount ordered is proved.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

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 4989168 — net $819.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 August 2024	$2,142.86	Rent arrears to 6 August 2024
Water rates: 27 March - 29 July 2024	$160.68	Water rates: 27 March - 29 July 2024
Cleaning	$350.00	Cleaning
Rubbish removal	$286.35	Rubbish removal
Lock/key replacement	$252.43	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$819.32
Total payable by Tenant to Landlord	$819.32

Claims and awards for application 4989168 — net $819.32 NZD. Verify on MoJ.

Rent arrears to 6 August 2024

Amount: $2,142.86
Awarded to: Landlord
Reason: Rent arrears to 6 August 2024

Water rates: 27 March - 29 July 2024

Amount: $160.68
Awarded to: Landlord
Reason: Water rates: 27 March - 29 July 2024

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $286.35
Awarded to: Landlord
Reason: Rubbish removal

Lock/key replacement

Amount: $252.43
Awarded to: Landlord
Reason: Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Rubbish Removal Water Rates

Order

Tyson Stowers must pay Opes Property Management North Limited $819.32 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (6510129-001) to Opes Property Management North Limited immediately.

Reasons

The landlord 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.

How much is owed for rent and water rates?

I have considered the emails provided by the landlord and I find the tenancy ended on 6 August 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.

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

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. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (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 provided photos taken at the end of the tenancy. I can see the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amount I have allowed for cleaning seems fair to me, based on the evidence provided.
The tenant did not return the keys. The amount ordered is proved.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4989168 — Rent arrears at Unit/Flat 11, 474 West Coast Road, Glen Eden, Auckland

At a glance

Tenancy Tribunal case 4989168 — Rent arrears at Unit/Flat 11, 474 West Coast Road, Glen Eden, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions