What was Tenancy Tribunal case 5139468 about?

The tribunal order states: [The tenant/s] must pay Eves Realty Limited Acting as agent for Ms K M

How much money was awarded in case 5139468?

Cleaning: $140.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $333.50 awarded to landlord; Rent Arrears: $2,028.57 awarded to landlord

What type of tenancy dispute was case 5139468?

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

Where can I read the official tribunal order for case 5139468?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11611246-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5139468 about?

The tribunal order states: [The tenant/s] must pay Eves Realty Limited Acting as agent for Ms K M

How much money was awarded in case 5139468?

Cleaning: $140.00 awarded to landlord; Cleaning: $230.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $333.50 awarded to landlord; Rent Arrears: $2,028.57 awarded to landlord

What type of tenancy dispute was case 5139468?

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

Where can I read the official tribunal order for case 5139468?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11611246-Tenancy_Tribunal_Order.pdf.

45B Corlett Street, Utuhina, Rotorua 3015 Tenancy Tribunal Case 5139468 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5139468 — net $1,339.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 January 2025	$2,028.57	Rent arrears to 26 January 2025
Door and wall damage	$333.50	Door and wall damage
Carpet Cleaning	$140.00	Carpet Cleaning
Cleaning	$230.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,339.07
Total payable by Tenant to Landlord	$1,339.07

[The tenant/s] must pay Eves Realty Limited Acting as agent for Ms K M Wilson $1,339.07 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,420.00 (3319942-009) to Eves Realty Limited Acting as agent for Ms K M Wilson immediately.

Enforcement of this order is stayed until 4 April 2025. If the tenant files an application against the landlord within that time, the stay will continue until the hearing of the tenant’s application or further order of the Tribunal.

Reasons

The hearing was conducted by telephone. Both parties attended.

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

The tenant gave 21 days’ notice in December 2024 to end the tenancy. At that time, he was required to give 28 days’ notice. 28 days ended on 26 January and the landlord claims rent arrears to that date. The tenant argued that his tenancy agreement in 2016 provided for 21 days’ notice.

The tenancy agreement refers to the provisions of the Residential Tenancies Act 1986 (the Act) as they were at the time. 21 days’ notice was required then. I do not regard that as a term of the tenancy. It is a reference to the Act at the time. The Act changes from time to time and the law deems that everyone knows the law. In my view the tenant is bound by the Act and so he was required to give 28 days’ notice.

The landlord provided rent records to prove the amount owing at the end of the tenancy and the tenant did not dispute that amount. I have therefore awarded it. Other Claims

The landlord claims $333.50 for the cost of repairing wall and door damage and $140 for carpet cleaning. The tenant accepts those claims and so I have awarded them.

The tenant disputes the claim for $488.75 for cleaning. He says that he left the premises reasonably clean and tidy.

I have considered the landlord’s outgoing report and photographs and the parties’ evidence and submissions. I accept that the tenant put considerable effort into cleaning the premises at the end of the tenancy. But there were some misses, such as marks on doors where his dog pushed open the door. In some respects, the premises were not left reasonably clean.

But there is an element of inter tenancy cleaning that the tenant is not responsible for. There was some mould behind a bed head and the wall needed repainting. The tenant was not required to clean off that mould. I regard that as damage that was not caused carelessly by the tenant.

In my assessment a reasonable award to the landlord for cleaning is $230 and I have awarded that. Filing Fee

The landlord has been largely successful and so I have awarded the filing fee. Stay

The tenant said that he is in the process of filing an application against the landlord involving claims alleging that the premises did not comply with Healthy Homes Standards. I have therefore stayed enforcement of this order for 14 days to allow the tenant time to file the application. If he does so within that time the stay will continue until the hearing of his application.

Claims and awards in Tenancy Tribunal application 5139468 — net $1,339.07 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 January 2025	$2,028.57	Rent arrears to 26 January 2025
Door and wall damage	$333.50	Door and wall damage
Carpet Cleaning	$140.00	Carpet Cleaning
Cleaning	$230.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,339.07
Total payable by Tenant to Landlord	$1,339.07

Order

[The tenant/s] must pay Eves Realty Limited Acting as agent for Ms K M Wilson $1,339.07 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,420.00 (3319942-009) to Eves Realty Limited Acting as agent for Ms K M Wilson immediately.
Enforcement of this order is stayed until 4 April 2025. If the tenant files an application against the landlord within that time, the stay will continue until the hearing of the tenant’s application or further order of the Tribunal.

Reasons

The hearing was conducted by telephone. Both parties attended.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy. Rent
The tenant gave 21 days’ notice in December 2024 to end the tenancy. At that time, he was required to give 28 days’ notice. 28 days ended on 26 January and the landlord claims rent arrears to that date. The tenant argued that his tenancy agreement in 2016 provided for 21 days’ notice.
The tenancy agreement refers to the provisions of the Residential Tenancies Act 1986 (the Act) as they were at the time. 21 days’ notice was required then. I do not regard that as a term of the tenancy. It is a reference to the Act at the time. The Act changes from time to time and the law deems that everyone knows the law. In my view the tenant is bound by the Act and so he was required to give 28 days’ notice.
The landlord provided rent records to prove the amount owing at the end of the tenancy and the tenant did not dispute that amount. I have therefore awarded it. Other Claims
The landlord claims $333.50 for the cost of repairing wall and door damage and $140 for carpet cleaning. The tenant accepts those claims and so I have awarded them.
The tenant disputes the claim for $488.75 for cleaning. He says that he left the premises reasonably clean and tidy.
I have considered the landlord’s outgoing report and photographs and the parties’ evidence and submissions. I accept that the tenant put considerable effort into cleaning the premises at the end of the tenancy. But there were some misses, such as marks on doors where his dog pushed open the door. In some respects, the premises were not left reasonably clean.
But there is an element of inter tenancy cleaning that the tenant is not responsible for. There was some mould behind a bed head and the wall needed repainting. The tenant was not required to clean off that mould. I regard that as damage that was not caused carelessly by the tenant.
In my assessment a reasonable award to the landlord for cleaning is $230 and I have awarded that. Filing Fee
The landlord has been largely successful and so I have awarded the filing fee. Stay
The tenant said that he is in the process of filing an application against the landlord involving claims alleging that the premises did not comply with Healthy Homes Standards. I have therefore stayed enforcement of this order for 14 days to allow the tenant time to file the application. If he does so within that time the stay will continue until the hearing of his application.

Tenancy Tribunal case 5139468 — Rent arrears at 45B Corlett Street, Utuhina, Rotorua 3015

At a glance

Tenancy Tribunal case 5139468 — Rent arrears at 45B Corlett Street, Utuhina, Rotorua 3015

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions