What was Tenancy Tribunal case 5001608 about?

The tribunal order states: [The tenant/s] must pay Neems Family Trust (Trustee: Neville John Neems)

How much money was awarded in case 5001608?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord

What type of tenancy dispute was case 5001608?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5001608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11299390-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5001608 about?

The tribunal order states: [The tenant/s] must pay Neems Family Trust (Trustee: Neville John Neems)

How much money was awarded in case 5001608?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,100.00 awarded to landlord

What type of tenancy dispute was case 5001608?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5001608?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11299390-Tenancy_Tribunal_Order.pdf.

Room 2, 441 Tweed Street, Georgetown, Invercargill 9812 Tenancy Tribunal Case 5001608 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5001608 — net $1,127.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 May 2024	$1,100.00	Rent arrears to 2 May 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,127.00
Total payable by Tenant to Landlord	$1,127.00

Both parties attended the hearing which was conducted by phone.

The landlord has applied for rent arrears and compensation following the boarding house tenancy which ended on 2 May 2024.

The onus is on the landlord to prove his claims. The standard of proof is on the balance of probabilities.

The landlord provided rent records which prove the amount owing. After some discussion, the tenant agreed that the amount was correct. The amount ordered is established. She agreed to make payments of $30.00 to pay the debt.

The landlord also claimed $165 for replacement electronic key. The tenant said that she had found the missing key and left all keys when she moved out.

The landlord has not established this claim.

The landlord also claimed the cost of the hire of a rug doctor and his time cleaning the carpet and the room.

The tenant said that she had vacuumed and wiped surfaces in the room.

The landlord said that it was a condition of the tenancy agreement that the tenant cleaned the carpet and that the premises were not in a state that he could let the room immediately.

Under section 66M of the Residential Tenancies Acts 1986, a tenant must leave the tenant’s boarding room in a reasonably clean and reasonably tidy condition, and remove all rubbish from the room. It is not necessary to prepare the room for the next tenant.

Section 11 of the Act says: (1) Any agreement or arrangement, or any provision of any agreement or arrangement, entered into in respect of a tenancy to which this Act applies, that is inconsistent with any of the provisions of this Act, or that purports to exclude, modify, or restrict the operation of any such provision, shall be of no effect unless— (a) the inconsistency, exclusion, modification, or restriction is expressly permitted by this Act; or (b) the Tribunal is satisfied that, having regard to the nature of the tenancy, the provisions of the tenancy agreement, the interests of the parties, and all other relevant circumstances of the case, the inconsistency, exclusion, modification, or restriction should be permitted.

A requirement in a tenancy agreement that a tenant cleans the carpet at the end of a tenancy agreement is inconsistent with the provision of the Act that the tenant is required leave the premises “reasonably clean and tidy”. There may be circumstances where the carpet needs to be cleaned at the end of a tenancy because of soiling, but that does not depend on a clause in the tenancy agreement.

In this instance the landlord has provided no evidence (such as photos taken at the start and end of the tenancy) to establish that the carpet required cleaning as a result of the tenant’s use of the premises, or any evidence that the room was not reasonably clean and tidy at the end of the tenancy. This claim is dismissed.

Because Neems Family Trust (Trustee: Neville John Neems) has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5001608 — net $1,127.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 May 2024	$1,100.00	Rent arrears to 2 May 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,127.00
Total payable by Tenant to Landlord	$1,127.00

Order

[The tenant/s] must pay Neems Family Trust (Trustee: Neville John Neems) $1,127.00 immediately, as calculated below:

Reasons

Both parties attended the hearing which was conducted by phone.
The landlord has applied for rent arrears and compensation following the boarding house tenancy which ended on 2 May 2024.
The onus is on the landlord to prove his claims. The standard of proof is on the balance of probabilities.
The landlord provided rent records which prove the amount owing. After some discussion, the tenant agreed that the amount was correct. The amount ordered is established. She agreed to make payments of $30.00 to pay the debt.
The landlord also claimed $165 for replacement electronic key. The tenant said that she had found the missing key and left all keys when she moved out.
The landlord has not established this claim.
The landlord also claimed the cost of the hire of a rug doctor and his time cleaning the carpet and the room.
The tenant said that she had vacuumed and wiped surfaces in the room.
The landlord said that it was a condition of the tenancy agreement that the tenant cleaned the carpet and that the premises were not in a state that he could let the room immediately.
Under section 66M of the Residential Tenancies Acts 1986, a tenant must leave the tenant’s boarding room in a reasonably clean and reasonably tidy condition, and remove all rubbish from the room. It is not necessary to prepare the room for the next tenant.
Section 11 of the Act says: (1) Any agreement or arrangement, or any provision of any agreement or arrangement, entered into in respect of a tenancy to which this Act applies, that is inconsistent with any of the provisions of this Act, or that purports to exclude, modify, or restrict the operation of any such provision, shall be of no effect unless— (a) the inconsistency, exclusion, modification, or restriction is expressly permitted by this Act; or (b) the Tribunal is satisfied that, having regard to the nature of the tenancy, the provisions of the tenancy agreement, the interests of the parties, and all other relevant circumstances of the case, the inconsistency, exclusion, modification, or restriction should be permitted.
A requirement in a tenancy agreement that a tenant cleans the carpet at the end of a tenancy agreement is inconsistent with the provision of the Act that the tenant is required leave the premises “reasonably clean and tidy”. There may be circumstances where the carpet needs to be cleaned at the end of a tenancy because of soiling, but that does not depend on a clause in the tenancy agreement.
In this instance the landlord has provided no evidence (such as photos taken at the start and end of the tenancy) to establish that the carpet required cleaning as a result of the tenant’s use of the premises, or any evidence that the room was not reasonably clean and tidy at the end of the tenancy. This claim is dismissed.
Because Neems Family Trust (Trustee: Neville John Neems) has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5001608 — Rent arrears at Room 2, 441 Tweed Street, Georgetown, Invercargill 9812

At a glance

Tenancy Tribunal case 5001608 — Rent arrears at Room 2, 441 Tweed Street, Georgetown, Invercargill 9812

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions