How much money was awarded in case 5172332?

Cleaning: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $75.00 awarded to landlord; Rent Arrears: $10,305.14 awarded to landlord; Rubbish Removal: $90.00 awarded to landlord; Water Rates: $213.82 awarded to landlord

What type of tenancy dispute was case 5172332?

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

Where can I read the official tribunal order for case 5172332?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11914273-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5172332?

Cleaning: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $75.00 awarded to landlord; Rent Arrears: $10,305.14 awarded to landlord; Rubbish Removal: $90.00 awarded to landlord; Water Rates: $213.82 awarded to landlord

What type of tenancy dispute was case 5172332?

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

Where can I read the official tribunal order for case 5172332?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11914273-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5172332 — Rent arrears

Q: What was Tenancy Tribunal case 5172332 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 5172332 — net $8,217.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 January 2025	$10,305.14	Rent arrears to 5 January 2025
Cleaning	$400.00	Cleaning
Rubbish removal	$90.00	Rubbish removal
Pest control	$75.00	Pest control
Water rates	$213.82	Water rates
Filing fee reimbursement: 5026208	$27.00	5026208
Filing fee reimbursement: This application	$27.00	This application
Net award	$8,217.96
Total payable by Tenant to Landlord	$8,217.96

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ names and identifying details.

The order dated 6 December 2024 under TT 5026208 is superseded and replaced by this order.

[The tenant/s] must pay [The landlord/s] $8,217.96 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. [The tenant/s] attended on behalf of all the tenants. [The landlord’s representative] attended for the landlord.

The landlord has applied for rent arrears to the 11 January 2025, compensation for cleaning, rubbish removal, pest control, water rates and filing fee for both this and the previous application made to the tribunal.

The tenant accepts liability for the water rates of $213.82.

The tenant accepts that they owe rent arrears but dispute the end date of the tenancy. They say the tenancy ended on the 5 January not the 11 January 2025.

On the 6 December the Tribunal made a conditional termination order awarding the landlord rent arrears to the 10 December together with the filing fee. The tenants were to make a payment of the total amount of rent arrears and rent in one lump sum on the 10 December.

The tenants were unable to make that payment and the tenancy terminated. The tenants gave evidence today that they left the property and handed back the keys on the 5 January. They confirmed that the bailiff had to come to the property on the 4 January and saw that they were moving out and asked them to hand back the keys the following day which they did.

The tenants also showed me a video taken on the 4 January, showing the property empty of their belongings.

I am satisfied that the tenants owe rent until the 5 January and have awarded rent until that date.

The order dated 6 December 2024 under TT 5026208 is superseded and replaced by this order.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenants cleaned the property but accept that some areas needed additional cleaning to meet the “reasonably clean and tidy” standard. They dispute the amount of cleaning costs that have been charged for the work that needed to be done to bring the property up to a reasonable standard. The tenants showed me a video that they took of the property on the evening of the 4 January. That video shows a property which is generally clean and tidy, albeit that it does not show all of the property and does not for example show the inside of all of the cupboards.

The landlord conducted an inspection on the 14 January 2025. The landlord’s inspection showed that there were areas that were not left reasonably clean and tidy, such as the kitchen floor, cupboards, lights, oven and shower door. I am satisfied that some additional cleaning was needed to get the property up a reasonable standard and have awarded $400.00 for a remedy of the breach..

The landlord says that it had to dispose of rubbish left in a pile outside the property. The house is one of 8 in the complex, the tenants accept that the mattress left in the ‘rubbish pile’ belonged to them but say that the other rubbish was put there by there by other tenants and in particular two other units who moved out around the same time. The area where the rubbish was left is a communal rubbish area. The tenants had arranged to have the mattress removed at $90 and were prepared to pay that amount before the landlord removed all of the rubbish in the pile.

The landlord accepts that another neighbour told her that all of the rubbish belonged to the tenant but that she did not know if the items left were the tenants’ or not and it was possible that the items that were in the rubbish pile belonged to other tenants or homeowners.

I award the landlord the cost of removal of the mattress.

The landlord also sought the cost of pest control. Usually, pest control is a landlord responsibility, but the landlord says that the cockroaches were at the property because of the way the tenants lived in the property. The property manager said that the cleanliness of the property had been ongoing issue, and she had given 2-3 breach notices for the cleanliness after inspections. The property manager did say that the tenant’s were very good at complying with the notices, but that she considered that the cockroaches were as a result of the condition of the property over the tenancy.

The tenant accepts that there was a problem with cockroaches at the property. She showed me evidence that she had got a professional pest control company into the property to try to rid the property of cockroaches in November 2024.

I am satisfied that cockroach problem was as a result of both naturally occurring pests and being contributed to by the way the tenant lived in the property. Therefore, I award the landlord half of the pest control costs.

As the landlord has been mostly successful in its claims, I award the landlord the filing fee, together with the filing fee for TT 5026208.

The landlord sought name suppression for both itself and consented to name suppression for the tenants.

As the winning party the landlord is entitled to name suppression. I also grant name suppression as requested to the tenants because: a. The landlord agrees that it is appropriate in this case that suppression is granted. b. Without suppression that the tenants would find it difficult to obtain a tenancy. c. The tenants have been found themselves in rent arrears due to one of the tenant’s chronic illness and inability to work. This situation arose during the tenancy and is unlikely to be repeated. d. The tenants have been co-operative with both the landlord and the tribunal in determining this matter. e. I consider in this case that the interests of the tenants outweigh the public interest in knowing the tenants’ identities.

Order

Claims and awards in Tenancy Tribunal application 5172332 — net $8,217.96 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 January 2025	$10,305.14	Rent arrears to 5 January 2025
Cleaning	$400.00	Cleaning
Rubbish removal	$90.00	Rubbish removal
Pest control	$75.00	Pest control
Water rates	$213.82	Water rates
Filing fee reimbursement: 5026208	$27.00	5026208
Filing fee reimbursement: This application	$27.00	This application
Net award	$8,217.96
Total payable by Tenant to Landlord	$8,217.96

An application for suppression has been made in this case, and the Tribunal orders suppression of both parties’ names and identifying details.

The order dated 6 December 2024 under TT 5026208 is superseded and replaced by this order.

[The tenant/s] must pay [The landlord/s] $8,217.96 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,920.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing. [The tenant/s] attended on behalf of all the tenants. [The landlord’s representative] attended for the landlord.

The tenant accepts liability for the water rates of $213.82.

The tenant accepts that they owe rent arrears but dispute the end date of the tenancy. They say the tenancy ended on the 5 January not the 11 January 2025.

The tenants also showed me a video taken on the 4 January, showing the property empty of their belongings.

I am satisfied that the tenants owe rent until the 5 January and have awarded rent until that date.

The order dated 6 December 2024 under TT 5026208 is superseded and replaced by this order.

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

I award the landlord the cost of removal of the mattress.

As the landlord has been mostly successful in its claims, I award the landlord the filing fee, together with the filing fee for TT 5026208.

The landlord sought name suppression for both itself and consented to name suppression for the tenants.

Tenancy Tribunal case 5172332 — Rent arrears

At a glance

Tenancy Tribunal case 5172332 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

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

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions