What was Tenancy Tribunal case 5007308 about?

The tribunal order states: Rennae Alice Wells must pay [The landlord/s] $429.86 immediately, calculated

How much money was awarded in case 5007308?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,722.86 awarded to landlord; Rubbish Removal: $600.00 awarded to landlord

What type of tenancy dispute was case 5007308?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5007308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10898382-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5007308 about?

The tribunal order states: Rennae Alice Wells must pay [The landlord/s] $429.86 immediately, calculated

How much money was awarded in case 5007308?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,722.86 awarded to landlord; Rubbish Removal: $600.00 awarded to landlord

What type of tenancy dispute was case 5007308?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5007308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10898382-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5007308 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5007308 — net $429.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 Sep 2024	$1,722.86	Rent arrears to 2 Sep 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal	$600.00	Rubbish removal
Net award	$429.86
Total payable by Tenant to Landlord	$429.86

The landlord’s agent attended the phone hearing. The tenant did not – the Tribunal attempted to contact the tenant on their last known phone number however it went to voicemail.

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?

The tenancy ended on 2 September 2024 following an expedited order for termination due to abandonment ([2024] NZTT 4984288). The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.

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 tenant did not remove all rubbish. At an inspection conducted on 22 August 2024, which was provided as evidence of abandonment in the expedited application for abandonment, the tenant had removed her personal items but left rubbish in the kitchen and dining room, as well as two couches: one in the garage, and one in the dining room. On 23 August 2024, the landlord’s agent emailed the tenant asking if she intended to pick up her couch. Although the landlord’s agent only referred to one couch when there were two, there was no response from the tenant.

The landlord has provided contractors’ invoices relating to the cost of removing the couches and rubbish left in the premises. These include: a. Trailer hire 4 September 2024, $65.00; b. Tip fees both dated 4 September 2024, $84.00 and $56.00; c. Skip hire 6 September 2024, $395.00.

The amounts ordered are proved.

The landlord also sought reimbursement of cleaning costs. At the hearing, the landlord’s agent referred to photographs taken during the inspection on 22 August 2024 which showed dark areas on the walls which she said was mould. There was also said to be some dirt around the extractor fan in the kitchen. Other than those areas, the house appeared to be reasonably clean – albeit that there was rubbish strewn about.

The landlord’s agent did not produce photographs to show the condition the premises were in prior to this tenancy. Given that, the landlord has not proven the mould on the walls was caused by lack of cleanliness by this tenant, nor the condition that the extractor fan was in at the start of the tenancy. The claim for cleaning costs is therefore dismissed.

The landlord’s agent also sought reimbursement for the cost of repairing peeling wallpaper in the bathroom. Given there is no evidence to establish what condition the wallpaper was in at the start of the tenancy, the landlord has not proven the claim. The claim for the cost of repairing the wallpaper is dismissed

The claim for cleaning costs also included claims for lawn mowing and clearing the section of tree cuttings. No invoice was provided in relation to lawn mowing and the photos taken on 22 August 2024 show the lawn was not overgrown. The claim for the cost of lawn mowing is dismissed.

As regards the claim for clearing the section and removing tree cuttings, the landlord sought $350 and provided an invoice from G Henderson. Having failed to produce photos of the condition of the property prior to this tenancy, the landlord has not proven the tree cuttings were created by this tenant during the tenancy. The claim for the cost of clearing the section and tree cuttings is dismissed.

Should the tenant reimburse the application fee?

Given [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee for this application.

The claim for the application fee in relation to the expedited application for termination based on abandonment is dismissed. A claim for an application fee must be made at the time of the application.

Claims and awards in Tenancy Tribunal application 5007308 — net $429.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 2 Sep 2024	$1,722.86	Rent arrears to 2 Sep 2024
Filing fee reimbursement	$27.00	Filing fee reimbursement
Rubbish removal	$600.00	Rubbish removal
Net award	$429.86
Total payable by Tenant to Landlord	$429.86

Order

Rennae Alice Wells must pay [The landlord/s] $429.86 immediately, calculated as shown in table below.

Reasons

The landlord’s agent attended the phone hearing. The tenant did not – the Tribunal attempted to contact the tenant on their last known phone number however it went to voicemail.
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?

The tenancy ended on 2 September 2024 following an expedited order for termination due to abandonment ([2024] NZTT 4984288). The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.

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 tenant did not remove all rubbish. At an inspection conducted on 22 August 2024, which was provided as evidence of abandonment in the expedited application for abandonment, the tenant had removed her personal items but left rubbish in the kitchen and dining room, as well as two couches: one in the garage, and one in the dining room. On 23 August 2024, the landlord’s agent emailed the tenant asking if she intended to pick up her couch. Although the landlord’s agent only referred to one couch when there were two, there was no response from the tenant.
The landlord has provided contractors’ invoices relating to the cost of removing the couches and rubbish left in the premises. These include: a. Trailer hire 4 September 2024, $65.00; b. Tip fees both dated 4 September 2024, $84.00 and $56.00; c. Skip hire 6 September 2024, $395.00.
The amounts ordered are proved.
The landlord also sought reimbursement of cleaning costs. At the hearing, the landlord’s agent referred to photographs taken during the inspection on 22 August 2024 which showed dark areas on the walls which she said was mould. There was also said to be some dirt around the extractor fan in the kitchen. Other than those areas, the house appeared to be reasonably clean – albeit that there was rubbish strewn about.
The landlord’s agent did not produce photographs to show the condition the premises were in prior to this tenancy. Given that, the landlord has not proven the mould on the walls was caused by lack of cleanliness by this tenant, nor the condition that the extractor fan was in at the start of the tenancy. The claim for cleaning costs is therefore dismissed.
The landlord’s agent also sought reimbursement for the cost of repairing peeling wallpaper in the bathroom. Given there is no evidence to establish what condition the wallpaper was in at the start of the tenancy, the landlord has not proven the claim. The claim for the cost of repairing the wallpaper is dismissed
The claim for cleaning costs also included claims for lawn mowing and clearing the section of tree cuttings. No invoice was provided in relation to lawn mowing and the photos taken on 22 August 2024 show the lawn was not overgrown. The claim for the cost of lawn mowing is dismissed.
As regards the claim for clearing the section and removing tree cuttings, the landlord sought $350 and provided an invoice from G Henderson. Having failed to produce photos of the condition of the property prior to this tenancy, the landlord has not proven the tree cuttings were created by this tenant during the tenancy. The claim for the cost of clearing the section and tree cuttings is dismissed.

Should the tenant reimburse the application fee?

Given [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee for this application.
The claim for the application fee in relation to the expedited application for termination based on abandonment is dismissed. A claim for an application fee must be made at the time of the application.

Tenancy Tribunal case 5007308 — Rent arrears

At a glance

Tenancy Tribunal case 5007308 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Should the tenant reimburse the application fee?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Should the tenant reimburse the application fee?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions