What was the outcome of Tenancy Tribunal case 5098816?

The tribunal order states: Joyce H Symons must pay Kāinga Ora–Homes and Communities $1,687.98

How much money was awarded in case 5098816?

Cleaning: $803.72 awarded to landlord; Property Damage: $71.64 awarded to landlord; Rent Arrears: $812.62 awarded to landlord

What type of tenancy dispute was case 5098816?

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

Where can I read the official tribunal order for case 5098816?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11661985-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5098816?

The tribunal order states: Joyce H Symons must pay Kāinga Ora–Homes and Communities $1,687.98

How much money was awarded in case 5098816?

Cleaning: $803.72 awarded to landlord; Property Damage: $71.64 awarded to landlord; Rent Arrears: $812.62 awarded to landlord

What type of tenancy dispute was case 5098816?

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

Where can I read the official tribunal order for case 5098816?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11661985-Tenancy_Tribunal_Order.pdf.

20A Spenser Road, Enderley, Hamilton 3214 Tenancy Tribunal Case 5098816 — Rent arrears

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20A Spenser Road, Enderley, Hamilton 3214 Tenancy Tribunal Case 5098816 — 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 5098816 — net $1,687.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 25/09/2024 to 23 October 2024	$812.62	Rent arrears 25/09/2024 to 23 October 2024
Cleaning	$803.72	Cleaning
Repairs to wall	$71.64	Repairs to wall
Net award	$1,687.98
Total payable by Tenant to Landlord	$1,687.98

Claims and awards for application 5098816 — net $1,687.98 NZD. Verify on MoJ.

Rent arrears 25/09/2024 to 23 October 2024

Amount: $812.62
Awarded to: Landlord
Reason: Rent arrears 25/09/2024 to 23 October 2024

Cleaning

Amount: $803.72
Awarded to: Landlord
Reason: Cleaning

Repairs to wall

Amount: $71.64
Awarded to: Landlord
Reason: Repairs to wall

Net award

Landlord $1,687.98

Total payable by Tenant to Landlord

Landlord $1,687.98

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears

Order

Joyce H Symons must pay Kāinga Ora–Homes and Communities $1,687.98 immediately, calculated as shown in table below.

Reasons

Ms Thompson – Wise appeared for the landlord. There was no appearance by the tenant.
On 25 September 2024 the Tribunal terminated the tenancy immediately and awarded rent arrears. The tenant vacated the property on 23 October 2024. On 06 December 2024, the landlord filed an application seeking rent arrears from 25 September 2024 to 23 October 2024, as well as compensation for cleaning and damage.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”). Rent
The landlord provided rent records which prove the amount owing from 25 September 2024 until the tenant vacated the property on 23 October 2024.

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, See section 40(1)(e)(ii)-(v) of the Act.
The landlord states the property required a deep clean.
The property is built in the 1950s, has two bedrooms, a kitchen, a bathroom, a dining room, and a lounge. The landlord has produced a pre tenancy checklist and an end of tenancy inspection report, which includes photographs.
The Act 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, and not on the subjective opinions of the landlord and tenant.
There is no scientific way to determine what is reasonably clean and tidy. Determining whether the tenant has failed to leave the property reasonably clean and tidy, and remove all rubbish, will involve an objective assessment. The Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
Based on the evidence, I am satisfied that the tenant failed to leave the property reasonably clean. In the circumstances the amount claimed is reasonable and awarded in full.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B of the Act. Hole in wall
The landlord is claiming $71.64 to repair a hole in the wall in the hallway, which they claim has occurred during the tenancy and is more than fair wear and tear.
The photographs show the hole is low down on the wall and appears consistent with having been caused by a foot. The wall was undamaged at the commencement of the tenancy. Based on the evidence, I am satisfied the damage has occurred during the tenancy and is more than fair wear and tear. The amount claimed is awarded.
The landlord does not seek reimbursement of the filing fee or name suppression.

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 5098816 — net $1,687.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 25/09/2024 to 23 October 2024	$812.62	Rent arrears 25/09/2024 to 23 October 2024
Cleaning	$803.72	Cleaning
Repairs to wall	$71.64	Repairs to wall
Net award	$1,687.98
Total payable by Tenant to Landlord	$1,687.98

Claims and awards for application 5098816 — net $1,687.98 NZD. Verify on MoJ.

Rent arrears 25/09/2024 to 23 October 2024

Amount: $812.62
Awarded to: Landlord
Reason: Rent arrears 25/09/2024 to 23 October 2024

Cleaning

Amount: $803.72
Awarded to: Landlord
Reason: Cleaning

Repairs to wall

Amount: $71.64
Awarded to: Landlord
Reason: Repairs to wall

Net award

Landlord $1,687.98

Total payable by Tenant to Landlord

Landlord $1,687.98

Claim types — money lines allowed on this order

Cleanliness Property damage Rent arrears

Order

Joyce H Symons must pay Kāinga Ora–Homes and Communities $1,687.98 immediately, calculated as shown in table below.

Reasons

Ms Thompson – Wise appeared for the landlord. There was no appearance by the tenant.
On 25 September 2024 the Tribunal terminated the tenancy immediately and awarded rent arrears. The tenant vacated the property on 23 October 2024. On 06 December 2024, the landlord filed an application seeking rent arrears from 25 September 2024 to 23 October 2024, as well as compensation for cleaning and damage.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”). Rent
The landlord provided rent records which prove the amount owing from 25 September 2024 until the tenant vacated the property on 23 October 2024.

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, See section 40(1)(e)(ii)-(v) of the Act.
The landlord states the property required a deep clean.
The property is built in the 1950s, has two bedrooms, a kitchen, a bathroom, a dining room, and a lounge. The landlord has produced a pre tenancy checklist and an end of tenancy inspection report, which includes photographs.
The Act 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, and not on the subjective opinions of the landlord and tenant.
There is no scientific way to determine what is reasonably clean and tidy. Determining whether the tenant has failed to leave the property reasonably clean and tidy, and remove all rubbish, will involve an objective assessment. The Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
Based on the evidence, I am satisfied that the tenant failed to leave the property reasonably clean. In the circumstances the amount claimed is reasonable and awarded in full.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B of the Act. Hole in wall
The landlord is claiming $71.64 to repair a hole in the wall in the hallway, which they claim has occurred during the tenancy and is more than fair wear and tear.
The photographs show the hole is low down on the wall and appears consistent with having been caused by a foot. The wall was undamaged at the commencement of the tenancy. Based on the evidence, I am satisfied the damage has occurred during the tenancy and is more than fair wear and tear. The amount claimed is awarded.
The landlord does not seek reimbursement of the filing fee or name suppression.

Tenancy Tribunal case 5098816 — Rent arrears at 20A Spenser Road, Enderley, Hamilton 3214

At a glance

Tenancy Tribunal case 5098816 — Rent arrears at 20A Spenser Road, Enderley, Hamilton 3214

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions