How much money was awarded in case 5071948?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $600.58 awarded to landlord; Rubbish Removal: $5,469.44 awarded to landlord

What type of tenancy dispute was case 5071948?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5071948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11618018-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5071948?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $600.58 awarded to landlord; Rubbish Removal: $5,469.44 awarded to landlord

What type of tenancy dispute was case 5071948?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5071948?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11618018-Tribunal_Order_Redacted.pdf.

5 Canal Road, Avondale, Auckland 1026 Tenancy Tribunal Case 5071948 — Rent arrears

Q: What was Tenancy Tribunal case 5071948 about?

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

Order

Claims and awards in Tenancy Tribunal application 5071948 — net $6,097.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 April 2024	$600.58	Rent arrears to 10 April 2024
Rubbish removal: and cleaning	$5,469.44	Rubbish removal: and cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,097.02
Total payable by Tenant to Landlord	$6,097.02

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.

This order replaces the previous order issued on 24 March 2025 in respect of this matter.

Richard Vincent McIlroy must pay [the landlord] $6,097.02 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not.

I issued a previous order dated 24 March 2025 in respect of this matter, which incorrectly recorded the end date of the tenancy as being 15 November 2024. The tenancy ended on 10 April 2024. The purpose of this order is to recall, amend and reissue the previous order to record the correct date that the tenancy ended. In all other respects, the terms of the previous order remain the same.

The tenancy ended on 10 April 2024. The landlord filed their application on 15 November 2024. The notice of hearing was sent to the tenant at their email address for service recorded on the tenancy agreement. Therefore, I am satisfied that the tenant has had appropriate notice of the hearing. See section 91A(2)(e) Residential Tenancies Act 1986 (RTA).

The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.

I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

The tenancy ended on 10 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $600.58. The landlord’s claim for rent arrears is granted in full for this amount. CLEANING & RUBBISH REMOVAL

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) RTA.

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

The landlord submitted photographs of the property taken at the end of the tenancy. The lawns are very overgrown and there is rubbish inside and outside the property. There is also a large amount of abandoned furniture, personal belongings, and miscellaneous household items. It is clear the property has not been cleaned.

On the basis of the photographs submitted by the landlord, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord submitted an invoice for cleaning and rubbish removal for $6,599.31 (including GST).

The invoice included work undertaken to reinstall loose roof tiles due to a previous burglary. The charge for this work is $160.00 + GST ($184.00 total). The tenant is not responsible for the reinstallation of loose roof tiles and I have removed it from the total amount of compensation sought by the landlord.

The invoice also includes a charge of $1,645.00 + GST ($1,891.75 total) for internal cleaning. The invoice records that 47 hours was spent cleaning the inside of the property. Based on the photographs submitted by the landlord, I do not consider that the state of the property justified 47 hours of cleaning. I have deducted $945.87 (including GST) from the total amount of compensation sought by the landlord. This figure represents half of the total amount recorded in the invoice for cleaning, which I consider is reasonable.

The landlord’s claim for compensation for cleaning and rubbish removal is granted for an adjusted amount of $5,469.44.

The amount ordered is proved. FILING FEE & NAME SUPPRESSION

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant their request for name suppression.

Claims and awards in Tenancy Tribunal application 5071948 — net $6,097.02 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 April 2024	$600.58	Rent arrears to 10 April 2024
Rubbish removal: and cleaning	$5,469.44	Rubbish removal: and cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$6,097.02
Total payable by Tenant to Landlord	$6,097.02

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
This order replaces the previous order issued on 24 March 2025 in respect of this matter.
Richard Vincent McIlroy must pay [the landlord] $6,097.02 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing. The tenant did not.
I issued a previous order dated 24 March 2025 in respect of this matter, which incorrectly recorded the end date of the tenancy as being 15 November 2024. The tenancy ended on 10 April 2024. The purpose of this order is to recall, amend and reissue the previous order to record the correct date that the tenancy ended. In all other respects, the terms of the previous order remain the same.
The tenancy ended on 10 April 2024. The landlord filed their application on 15 November 2024. The notice of hearing was sent to the tenant at their email address for service recorded on the tenancy agreement. Therefore, I am satisfied that the tenant has had appropriate notice of the hearing. See section 91A(2)(e) Residential Tenancies Act 1986 (RTA).
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

The tenancy ended on 10 April 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy, namely $600.58. The landlord’s claim for rent arrears is granted in full for this amount. CLEANING & RUBBISH REMOVAL
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) RTA.
The landlord claims the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord submitted photographs of the property taken at the end of the tenancy. The lawns are very overgrown and there is rubbish inside and outside the property. There is also a large amount of abandoned furniture, personal belongings, and miscellaneous household items. It is clear the property has not been cleaned.
On the basis of the photographs submitted by the landlord, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord submitted an invoice for cleaning and rubbish removal for $6,599.31 (including GST).
The invoice included work undertaken to reinstall loose roof tiles due to a previous burglary. The charge for this work is $160.00 + GST ($184.00 total). The tenant is not responsible for the reinstallation of loose roof tiles and I have removed it from the total amount of compensation sought by the landlord.
The invoice also includes a charge of $1,645.00 + GST ($1,891.75 total) for internal cleaning. The invoice records that 47 hours was spent cleaning the inside of the property. Based on the photographs submitted by the landlord, I do not consider that the state of the property justified 47 hours of cleaning. I have deducted $945.87 (including GST) from the total amount of compensation sought by the landlord. This figure represents half of the total amount recorded in the invoice for cleaning, which I consider is reasonable.
The landlord’s claim for compensation for cleaning and rubbish removal is granted for an adjusted amount of $5,469.44.
The amount ordered is proved. FILING FEE & NAME SUPPRESSION
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant their request for name suppression.

Tenancy Tribunal case 5071948 — Rent arrears at 5 Canal Road, Avondale, Auckland 1026

At a glance

Tenancy Tribunal case 5071948 — Rent arrears at 5 Canal Road, Avondale, Auckland 1026

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions