What was Tenancy Tribunal case 5178919 about?

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

How much money was awarded in case 5178919?

Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Rent Arrears: $4,800.00 awarded to landlord

What type of tenancy dispute was case 5178919?

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

Where can I read the official tribunal order for case 5178919?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11767156-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5178919 about?

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

How much money was awarded in case 5178919?

Cleaning: $300.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $300.00 awarded to landlord; Rent Arrears: $4,800.00 awarded to landlord

What type of tenancy dispute was case 5178919?

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

Where can I read the official tribunal order for case 5178919?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11767156-Tribunal_Order_Redacted.pdf.

33 Pinehaven Road, Pinehaven, Upper Hutt 5019 Tenancy Tribunal Case 5178919 — Rent arrears

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33 Pinehaven Road, Pinehaven, Upper Hutt 5019 Tenancy Tribunal Case 5178919 — 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 5178919 — net $2,227.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 February 2025	$4,800.00	Rent arrears to 20 February 2025
Cleaning	$300.00	Cleaning
Lawns and Garden work	$300.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,227.00
Total payable by Tenant to Landlord	$2,227.00

Claims and awards for application 5178919 — net $2,227.00 NZD. Verify on MoJ.

Rent arrears to 20 February 2025

Amount: $4,800.00
Awarded to: Landlord
Reason: Rent arrears to 20 February 2025

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $300.00
Awarded to: Landlord
Reason: Lawns and Garden work

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,227.00

Total payable by Tenant to Landlord

Landlord $2,227.00

Dismissed claims

Other Claims — All other claims dismissed
Property Damage — I can allow compensation where the landlord has proved there has been a loss. I have been given a quote and photos.

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Issabelle Christy must pay [The landlord/s] $2,227.00 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made under application 5137289.
The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The property manager attended the hearing for the landlord. The tenant was properly notified so the hearing went ahead.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The parties agreed the tenant could give 21 days notice to end the tenancy. This was given and the last day of the tenancy should have been 19 February 2025. When the landlord went to do the final inspection on 20 February the tenant was still moving out. I find the tenant should pay rent for 20 February 2025 because she was using the tenancy premises.
The landlord provided rent records which prove the amount owing to 20 February 2025. I have incorporated the previous Mediator’s order which means today’s order is the only order that can be enforced.

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

Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA 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, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The owners did the cleaning and provided an invoice for their time. The landlord provided photos taken at the end of the tenancy. I find the tenant did not leave the house and gardens in a reasonable condition and the amount claimed for labour is reasonable.
The other claims for carpet cleaning are not allowed. I have been provided with quotes, but this work was carried out by the owners instead and cannot be claimed twice. I note that the house was rented again without this extra cleaning being completed and paid for.
The claims for pest control are dismissed because flea bombs were let off instead and there is no receipt.

Is the tenant responsible for the damage to the premises?

There are claims for repairs. The 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 she did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
There is a claim for the cost of repairing a gutter on the garage. This is the landlord’s claim to prove. I have been provided with a quote and a good photo showing the damage. The landlord submitted that the repair will have to be done when the owner has saved some money because the integrity of the garage has been affected. The property manager said the owner said the neighbour told her the tenant backed the moving truck into the gutter. There is a problem with this evidence. The neighbour was not at the hearing, which means the evidence about how the damage happened is hearsay evidence. I am not persuaded I should allow a $2000 repair based on third hand evidence which might be unreliable. This claim is dismissed.
The claim for repairs to damage inside the house and to the seedling box is dismissed. I can allow compensation where the landlord has proved there has been a loss. I have been given a quote and photos. The damage is all minor and the house has been rented without the repairs being done. This means the landlord has not established a loss. Other orders
The bond will be refunded to the landlord. I have sent a request to the Bond Centre.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name will be published because there is public interest when tenants owe money at the end of a tenancy. See section 95A RTA.

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 5178919 — net $2,227.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 February 2025	$4,800.00	Rent arrears to 20 February 2025
Cleaning	$300.00	Cleaning
Lawns and Garden work	$300.00	Lawns and Garden work
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,227.00
Total payable by Tenant to Landlord	$2,227.00

Claims and awards for application 5178919 — net $2,227.00 NZD. Verify on MoJ.

Rent arrears to 20 February 2025

Amount: $4,800.00
Awarded to: Landlord
Reason: Rent arrears to 20 February 2025

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work

Amount: $300.00
Awarded to: Landlord
Reason: Lawns and Garden work

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $2,227.00

Total payable by Tenant to Landlord

Landlord $2,227.00

Dismissed claims

Other Claims — All other claims dismissed
Property Damage — I can allow compensation where the landlord has proved there has been a loss. I have been given a quote and photos.

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Issabelle Christy must pay [The landlord/s] $2,227.00 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made under application 5137289.
The Bond Centre is to pay the bond of $3,200.00 ([Bond number suppressed]) to [The landlord/s] immediately.
All other claims are dismissed.

Reasons

The property manager attended the hearing for the landlord. The tenant was properly notified so the hearing went ahead.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The parties agreed the tenant could give 21 days notice to end the tenancy. This was given and the last day of the tenancy should have been 19 February 2025. When the landlord went to do the final inspection on 20 February the tenant was still moving out. I find the tenant should pay rent for 20 February 2025 because she was using the tenancy premises.
The landlord provided rent records which prove the amount owing to 20 February 2025. I have incorporated the previous Mediator’s order which means today’s order is the only order that can be enforced.

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

Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA 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, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The owners did the cleaning and provided an invoice for their time. The landlord provided photos taken at the end of the tenancy. I find the tenant did not leave the house and gardens in a reasonable condition and the amount claimed for labour is reasonable.
The other claims for carpet cleaning are not allowed. I have been provided with quotes, but this work was carried out by the owners instead and cannot be claimed twice. I note that the house was rented again without this extra cleaning being completed and paid for.
The claims for pest control are dismissed because flea bombs were let off instead and there is no receipt.

Is the tenant responsible for the damage to the premises?

There are claims for repairs. The 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 she did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
There is a claim for the cost of repairing a gutter on the garage. This is the landlord’s claim to prove. I have been provided with a quote and a good photo showing the damage. The landlord submitted that the repair will have to be done when the owner has saved some money because the integrity of the garage has been affected. The property manager said the owner said the neighbour told her the tenant backed the moving truck into the gutter. There is a problem with this evidence. The neighbour was not at the hearing, which means the evidence about how the damage happened is hearsay evidence. I am not persuaded I should allow a $2000 repair based on third hand evidence which might be unreliable. This claim is dismissed.
The claim for repairs to damage inside the house and to the seedling box is dismissed. I can allow compensation where the landlord has proved there has been a loss. I have been given a quote and photos. The damage is all minor and the house has been rented without the repairs being done. This means the landlord has not established a loss. Other orders
The bond will be refunded to the landlord. I have sent a request to the Bond Centre.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name will be published because there is public interest when tenants owe money at the end of a tenancy. See section 95A RTA.

Tenancy Tribunal case 5178919 — Rent arrears at 33 Pinehaven Road, Pinehaven, Upper Hutt 5019

At a glance

Tenancy Tribunal case 5178919 — Rent arrears at 33 Pinehaven Road, Pinehaven, Upper Hutt 5019

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with her 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

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with her 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