How much money was awarded in case 5167461?

Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Remove Bed Base And Mattress (Consen…: $74.75 awarded to landlord; Rent Arrears: $1,272.85 awarded to landlord

What type of tenancy dispute was case 5167461?

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

Where can I read the official tribunal order for case 5167461?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11753042-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5167461?

Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Remove Bed Base And Mattress (Consen…: $74.75 awarded to landlord; Rent Arrears: $1,272.85 awarded to landlord

What type of tenancy dispute was case 5167461?

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

Where can I read the official tribunal order for case 5167461?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11753042-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 2, 38 Wellington Street, Phillipstown, Tenancy Tribunal Case 5167461 — Rent arrears

Q: What was Tenancy Tribunal case 5167461 about?

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

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5167461 — net $674.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 March 2025	$1,272.85	Rent arrears to 14 March 2025
Remove bed base and mattress (consent	$74.75	Remove bed base and mattress (consent
Carpet cleaning - stain removal	$300.00	Carpet cleaning - stain removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$674.60
Total payable by Tenant to Landlord	$674.60

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

Gail McMaster must pay [The landlord/s] $674.60 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $1,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

The landlord’s claims for cleaning, removing weeds (gardening), and cleaning and removing rubbish from bins are dismissed.

The tenant’s application is dismissed.

Reasons

Both parties attended the hearing. The tenant applied for an adjournment as she was in Wellington on the hearing date. I directed that the hearing proceed as a telephone directions conference. However, the tenant attended in person, so the hearing went ahead with the landlord’s representative attending by phone.

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

The tenant has applied for a reduction of the term of the fixed term tenancy; reimbursement of the cost of a methamphetamine test and report; compensation for a loan she took out to pay for her bond, airfares, moving expenses and chattels she purchased; a refund of her airfares travelling between Wellington and Auckland; and compensation for her mental stress and trauma. The landlord’s application Rent arrears

The tenancy was a fixed term tenancy due to end on 30 June 2025. The landlord agreed to release the tenant from the tenancy without penalty. The tenancy ended on 14 March 2025 by agreement.

The landlord provided rent records which prove the amount of rent owing at the end of the tenancy. The tenant said she could not accept the amount owing until she had spoken with her financial mentor in Auckland.

I find that the landlord’s rent records prove the amount of rent owing. The tenant produced no evidence to show any errors in the amount claimed. Compensation claims

The landlord seeks the following costs – weeding (gardening) $125.00; the removal of a bed base and mattress $74.75; emptying and cleaning 3 rubbish bins $90.00; carpet stain removal $300.00; and cleaning $172.50.

The tenant accepted the landlord’s claim for removing the bed base and mattress. I allow that claim by consent.

At the end of a 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) Residential Tenancies Act 1986 (RTA).

There are no photos available from the start of the tenancy when the owners managed the tenancy. The current landlord only started managing the tenancy after it had started.

The onus of proof rests with the applicant to prove their claims on the balance of probabilities.

The photos the landlord produced in evidence show that the premises were left reasonably clean; a tenant’s responsibility is no greater than that. Landlords must expect t have to do some cleaning between tenancies. I dismiss the claim for cleaning.

The landlord when the tenancy started (the owners) completed an inspection report which both parties signed. The report does not state the condition of the gardens or the rubbish bins at the start of the tenancy.

The tenant said that the weeds present at the end of the tenancy were there at the start, and the rubbish bins, while cleaned by the owner, were not professionally cleaned.

I dismiss these two claims. The landlord produced no evidence of the state of the (small) garden areas at the start of the tenancy, so the Tribunal cannot make any comparison. The photos of the rubbish bins show that they were left reasonably clean. There is a minimal amount of rubbish in them, so minimal it would not require a contractor to remove it.

I find the claim for carpet stain removal proved. The tenant said the stains were caused by previous tenants. Yet, she signed the property inspection report at the start of the tenancy confirming that the carpets were in an acceptable condition. The photos produced of the carpets at the end of the tenancy show that carpet stain removal was reasonably required. The tenant’s application

The tenant’s application for a reduction of the term of her fixed term tenancy has been overtaken by events.

The parties agreed to end the tenancy on 14 March 2025 about three and a half months early. That was to the tenant’s benefit. The landlord charged her no costs for ending the tenancy before the expiry of the fixed term. Even if she had succeeded on her application to have the Tribunal end the tenancy earlier, it is likely that the Tribunal would have awarded the landlord compensation for the loss of the contract. The agreement the parties reached has avoided any financial loss for the tenant.

The tenant seeks the cost of a methamphetamine report she had completed. The report showed (and the tenant confirmed) that the premises were not contaminated by methamphetamine.

A landlord I not required by the RTA to routinely test for methamphetamine. It was the tenant’s choice to do so, acting on her suspicion of contamination, and, as she put it, for her peace of mind.

There is no basis in law for the Tribunal to find the landlord liable for the cost of the test and the report fee.

The tenant took out a loan from a finance company to relocate from Wellington to Christchurch, incurred travel and moving costs, and purchased chattels for her new tenancy. That is not a landlord responsibility. Compensation is awarded to remedy a breach by the landlord of their statutory responsibilities. Here, the tenant has not established any breach.

The tenant decided for her own reasons that this tenancy did not suit her. She has since relocated back to Wellington. That she regrets her choice to move and to enter this tenancy does not place the burden of the costs associated with her move onto the landlord.

The tenant said in evidence that ‘she could tell it was a meth house’ because of the smell, the soot on the windows, and contaminated extraction fans. Yet, she conceded that the tests she had done showed no contamination. And she signed a property inspection report at the start of the tenancy confirming that the state of the premises room by room was acceptable.

Again, there is no legal basis on which the Tribunal could award the tenant compensation, including for mental stress and trauma. She decided to end the tenancy, and the landlord allowed her to. She has failed to prove any breaches by the landlord of thier responsibilities under the RTA. Her suspicion that the premises contained ‘bacteria and viruses’ that caused her to develop a skin condition and other health problems is speculation. There is no evidence to establish any kind of contamination at the premises.

The tenant’s application must be, and is, dismissed. Result

The landlord’s successful claims (rent arrears; removing the bed base and mattress, and carpet stain removal) amount to $1,647.60. To that is added the filing fee as the application is mostly successful, a total of $1,674.60.

The landlord’s claims for cleaning, gardening, and cleaning and removing rubbish from bins are dismissed.

After the deduction of the bond, which will be paid to the landlord, the tenant must pay the landlord $674.60.

The tenant’s application is dismissed. Name suppression

Both parties sought a name suppression order. The landlord is entitled to name suppression as its application is mostly successful. The tenant is not entitled to name suppression as her application is unsuccessful and her defence of the landlord’s application is only successful in a minor way.

Order

Claims and awards in Tenancy Tribunal application 5167461 — net $674.60 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 March 2025	$1,272.85	Rent arrears to 14 March 2025
Remove bed base and mattress (consent	$74.75	Remove bed base and mattress (consent
Carpet cleaning - stain removal	$300.00	Carpet cleaning - stain removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$674.60
Total payable by Tenant to Landlord	$674.60