What was Tenancy Tribunal case 5076910 about?

The tribunal order states: Dominic Tofilau and Nyah Tofilau must pay [The landlord/s] $1,839.96

How much money was awarded in case 5076910?

Cleaning: $250.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Rent Arrears: $3,192.86 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Water Rates: $101.27 awarded to landlord

What type of tenancy dispute was case 5076910?

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

Where can I read the official tribunal order for case 5076910?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11591566-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5076910 about?

The tribunal order states: Dominic Tofilau and Nyah Tofilau must pay [The landlord/s] $1,839.96

How much money was awarded in case 5076910?

Cleaning: $250.00 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $150.00 awarded to landlord; Rent Arrears: $3,192.86 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Water Rates: $101.27 awarded to landlord

What type of tenancy dispute was case 5076910?

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

Where can I read the official tribunal order for case 5076910?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11591566-Tribunal_Order_Redacted.pdf.

7 Lippiatt Road, Otahuhu, Auckland 1062 Tenancy Tribunal Case 5076910 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5076910 — net $1,941.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,192.86	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$500.00	Cleaning
Rubbish removal	$500.00	Rubbish removal
Lawns and Garden work	$150.00	Lawns and Garden work
Carpet Cleaning	$250.00	Carpet Cleaning
Water rates	$101.27	Water rates
Net award	$1,941.13
Total payable by Tenant to Landlord	$1,941.13

Dominic Tofilau and Nyah Tofilau must pay [The landlord/s] $1,839.96 immediately, calculated as shown in table below.

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

The Bond Centre is to release the Bond to the Landlord.

Reasons

The Landlord attended the hearing. The Tenants did not.

The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent arrears

The tenancy ended on 31 October 2024. The Landlord provided a Rent Summary dated 19 November 2024 which proves rent arrears of $3,192.86 at the end of the tenancy. I accept that evidence and the Landlord is entitled to recover that amount from the Tenants. Water rates

Under section 38(3) and (4) of the Residential Tenancies Act 1986 (the RTA), a tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities, including for the supply of water if the water supplier charges for water provided to the premises on the basis of consumption.

Water is supplied to the premises by Watercare and is charged on the basis of consumption. The evidence supplied by the Landlord – invoices from Watercare and its own internal records – shows that there are unpaid water charges of $101.27 directly attributable to the premises during the tenancy. The Tenants are liable for that amount. Cleaning, rubbish removal and lawnmowing costs

The RTA requires that the Landlord provide the premises to the Tenant at the start of the tenancy in a reasonable state of cleanliness (section 45(1)(a)), and there is an equivalent obligation on the tenant to return the premises at the end of the tenancy: ...in a reasonably clean and reasonably tidy condition,and remove or arrange for the removal from the premises of all rubbish.

The RTA does not require the vacated premises to be in an immaculate condition, only in a reasonably clean and tidy state. The Tribunal will also take into account factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).

The onus for establish the claim, sits with the person making it. If the Landlord is seeking to recover costs for cleaning and rubbish removal, it is the Landlord who must prove that the Tenants have breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the Landlord does not establish a breach to the balance of probability, then their claim will be dismissed.

The Landlord has provided an Ingoing Inspection Report prepared by 360 Property Management dated 21 October 2021. This is a report from the start of the tenancy. That report shows that the premises had been recently renovated and were clean and tidy throughout.

The Landlord has proven that the lawns were not left in a reasonably tidy condition at the end of the tenancy. The photographs provided by the Landlord show that the grass was long and had not been mown for some time. I am satisfied that the $150 cost of mowing the lawns at the end of the tenancy was reasonable to return the lawns to a reasonably tidy state.

The Landlord seeks to recover $600 for cleaning the premises. The Landlord produced photographs to show that parts of the premises were not left reasonably clean or tidy. It seems the Tenants made no real effort to clean the premises before vacating, necessitating a cleaning effort greater than would normally be expected at the end of a tenancy.

I am satisfied that the Landlord is entitled to recover the reasonable cost of returning the premises to the required standard, but the amount it seeks is too high. I consider at least some of the cost was not necessary to return the premises to the required standard – such as wiping and cleaning of some of the surfaces. I therefore reduce the amount awarded to the Landlord for cleaning the premises to $500 – a reduction of $100.

The Landlord also seeks to recover $250 for cleaning the carpets. The Ingoing Inspection Report shows that the carpets were in new condition at the start of the tenancy. The Landlord’s photographs show that the carpets were stained in places at the end of the tenancy. I am satisfied that the Landlord is entitled to recover the $250 cost of cleaning the carpet.

The Landlord also incurred a cost of $500 to remove rubbish and abandoned belongings from the premises. The Landlord’s photographs show three large wheelie bins full of rubbish and several items of abandoned belongings. The Landlord says that two truck loads of rubbish had to be disposed of, which is consistent with the photographs provided. I therefore find that the $500 cost is reasonable, and the Landlord is entitled to recover that amount. Filing fee and name suppression

Because it has largely succeeded in its claim, the Landlord is entitled to name suppression and to recover the filing fee of $27 from the Tenant. I order accordingly. Release of bond

The Landlord is entitled to receive the bond in part payment of the debt owed. I order accordingly.

Order

Claims and awards in Tenancy Tribunal application 5076910 — net $1,941.13 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$3,192.86	Rent arrears
Filing fee reimbursement	$27.00	Filing fee reimbursement
Cleaning	$500.00	Cleaning
Rubbish removal	$500.00	Rubbish removal
Lawns and Garden work	$150.00	Lawns and Garden work
Carpet Cleaning	$250.00	Carpet Cleaning
Water rates	$101.27	Water rates
Net award	$1,941.13
Total payable by Tenant to Landlord	$1,941.13

Dominic Tofilau and Nyah Tofilau must pay [The landlord/s] $1,839.96 immediately, calculated as shown in table below.

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

The Bond Centre is to release the Bond to the Landlord.

Reasons

The Landlord attended the hearing. The Tenants did not.

The Landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent arrears

Because it has largely succeeded in its claim, the Landlord is entitled to name suppression and to recover the filing fee of $27 from the Tenant. I order accordingly. Release of bond

The Landlord is entitled to receive the bond in part payment of the debt owed. I order accordingly.

Tenancy Tribunal case 5076910 — Rent arrears at 7 Lippiatt Road, Otahuhu, Auckland 1062

At a glance

Tenancy Tribunal case 5076910 — Rent arrears at 7 Lippiatt Road, Otahuhu, Auckland 1062

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions