What was the outcome of Tenancy Tribunal case 5165132?

The tribunal order states: Kadin Fenn must pay Bruce Douglas Dyer $1,237.55 immediately, calculated as

How much money was awarded in case 5165132?

Cleaning: $210.00 awarded to landlord; Electricity: $67.06 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,892.86 awarded to landlord; Rubbish Removal: $140.63 awarded to landlord

What type of tenancy dispute was case 5165132?

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

Where can I read the official tribunal order for case 5165132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11911487-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5165132?

The tribunal order states: Kadin Fenn must pay Bruce Douglas Dyer $1,237.55 immediately, calculated as

How much money was awarded in case 5165132?

Cleaning: $210.00 awarded to landlord; Electricity: $67.06 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,892.86 awarded to landlord; Rubbish Removal: $140.63 awarded to landlord

What type of tenancy dispute was case 5165132?

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

Where can I read the official tribunal order for case 5165132?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11911487-Tribunal_Order.pdf.

2035A Motueka Valley Highway, Ngatimoti, RD 1, Motueka Tenancy Tribunal Case 5165132 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5165132 — net $1,237.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5/3/25	$2,892.86	Rent arrears to 5/3/25
Rubbish removal	$140.63	Rubbish removal
Carpet Cleaning	$210.00	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Electricity	$67.06	Electricity
Net award	$1,237.55
Total payable by Tenant to Landlord	$1,237.55

Both parties attended the remote hearing.

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

The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent?

There is a dispute as to the date the tenancy ended. The landlord says in the evening of 11 February 2025 the tenant told him he was moving out the following weekend, being 15/16 February 2025. The landlord accepted the tenant’s statement as notice to terminate the tenancy and he seeks rent arrears to the end of the 21-day notice period, being 5 March 2025. The landlord provided rent records which prove the amount owing to 5 March 2025 being $2,892.86.

The tenant says he was told by the landlord on 30 January 2025 that the tenancy was terminated, and he moved out shortly thereafter, leaving the keys in the letter box on 15 or 16 February 2025. I have reviewed the video footage and consider the landlord said he would be asking the tenant to leave the property. I do not take from the landlord’s statement that this was his giving of notice that the tenancy was terminating, but rather an indication that formal notice may be forthcoming.

Accordingly, I consider the tenant is liable for rent until the end of the notice period following the tenant giving notice on 11 February 2025. The tenant is therefore liable for the rent arrears claimed by the landlord and make an order for the full amount claimed.

How much is owed for electricity?

The landlord provided an invoice for electricity to 31 January 2025 for $67.06. I make an order for this amount by consent. The landlord provided a final electricity invoice for $38.59 to 5 March 2025. This was a handwritten invoice and I raised at the hearing that insufficient evidence has been provided to show the actual rate charges by the power company. The landlord did not pursue this further therefore I dismiss this aspect of the claim for electricity.

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. 1

The tenant did not leave the premises reasonably clean and tidy and did not remove their rubbish. The amount ordered for rubbish removal is $140.63 which is proved with an invoice and photographs of the tenant’s rubbish. The landlord claimed $210 for carpet cleaning and provided evidence that the carpets were new at the start of the tenancy and there was a stain at the end of the tenancy. I make an order for the full amount claimed. Bond

The bond is to be paid to the landlord immediately to offset the amounts ordered. Filing fee

As the landlord has been partly successful in the claim, I have awarded the filing fee. Suppression

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 2 The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness 1 See section 40(1)(e)(ii)-(v) RTA. 2 See Section 95 A (1) of the RTA. or party not be published. 3 The landlord did not seek name suppression. The tenant was unsuccessful in defending this matter and in having regards to the public interest and the tenant’s interest I decline to grant name suppression for the tenant.

Claims and awards in Tenancy Tribunal application 5165132 — net $1,237.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5/3/25	$2,892.86	Rent arrears to 5/3/25
Rubbish removal	$140.63	Rubbish removal
Carpet Cleaning	$210.00	Carpet Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Electricity	$67.06	Electricity
Net award	$1,237.55
Total payable by Tenant to Landlord	$1,237.55

Order

Kadin Fenn must pay Bruce Douglas Dyer $1,237.55 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,100.00 (5798662-003) to Bruce Douglas Dyer immediately.
The balance of the claim is dismissed.

Reasons

Both parties attended the remote hearing.
The landlord has applied for rent arrears, outgoings, compensation, payment of the bond and reimbursement of the filing fee following the end of the tenancy. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for rent?

There is a dispute as to the date the tenancy ended. The landlord says in the evening of 11 February 2025 the tenant told him he was moving out the following weekend, being 15/16 February 2025. The landlord accepted the tenant’s statement as notice to terminate the tenancy and he seeks rent arrears to the end of the 21-day notice period, being 5 March 2025. The landlord provided rent records which prove the amount owing to 5 March 2025 being $2,892.86.
The tenant says he was told by the landlord on 30 January 2025 that the tenancy was terminated, and he moved out shortly thereafter, leaving the keys in the letter box on 15 or 16 February 2025. I have reviewed the video footage and consider the landlord said he would be asking the tenant to leave the property. I do not take from the landlord’s statement that this was his giving of notice that the tenancy was terminating, but rather an indication that formal notice may be forthcoming.
Accordingly, I consider the tenant is liable for rent until the end of the notice period following the tenant giving notice on 11 February 2025. The tenant is therefore liable for the rent arrears claimed by the landlord and make an order for the full amount claimed.

How much is owed for electricity?

The landlord provided an invoice for electricity to 31 January 2025 for $67.06. I make an order for this amount by consent. The landlord provided a final electricity invoice for $38.59 to 5 March 2025. This was a handwritten invoice and I raised at the hearing that insufficient evidence has been provided to show the actual rate charges by the power company. The landlord did not pursue this further therefore I dismiss this aspect of the claim for electricity.

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. 1
The tenant did not leave the premises reasonably clean and tidy and did not remove their rubbish. The amount ordered for rubbish removal is $140.63 which is proved with an invoice and photographs of the tenant’s rubbish. The landlord claimed $210 for carpet cleaning and provided evidence that the carpets were new at the start of the tenancy and there was a stain at the end of the tenancy. I make an order for the full amount claimed. Bond
The bond is to be paid to the landlord immediately to offset the amounts ordered. Filing fee
As the landlord has been partly successful in the claim, I have awarded the filing fee. Suppression
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 2 The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness 1 See section 40(1)(e)(ii)-(v) RTA. 2 See Section 95 A (1) of the RTA. or party not be published. 3 The landlord did not seek name suppression. The tenant was unsuccessful in defending this matter and in having regards to the public interest and the tenant’s interest I decline to grant name suppression for the tenant.

Tenancy Tribunal case 5165132 — Rent arrears at 2035A Motueka Valley Highway, Ngatimoti, RD 1, Motueka

At a glance

Tenancy Tribunal case 5165132 — Rent arrears at 2035A Motueka Valley Highway, Ngatimoti, RD 1, Motueka

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

How much is owed for electricity?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

How much is owed for electricity?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions