What was the outcome of Tenancy Tribunal case 5190771?

The tribunal order states: Debbie O'Callaghan to pay Bayside Rentals Limited As Agent For Gg & Ge

How much money was awarded in case 5190771?

Cleaning: $195.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $152.00 awarded to landlord; Rent Arrears: $1,337.14 awarded to landlord; Water Rates: $182.14 awarded to landlord

What type of tenancy dispute was case 5190771?

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

Where can I read the official tribunal order for case 5190771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11985309-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5190771?

The tribunal order states: Debbie O'Callaghan to pay Bayside Rentals Limited As Agent For Gg & Ge

How much money was awarded in case 5190771?

Cleaning: $195.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Pest Control: $152.00 awarded to landlord; Rent Arrears: $1,337.14 awarded to landlord; Water Rates: $182.14 awarded to landlord

What type of tenancy dispute was case 5190771?

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

Where can I read the official tribunal order for case 5190771?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11985309-Tenancy_Tribunal_Order.pdf.

10A Washington Avenue, Glendowie, Auckland 1071 Tenancy Tribunal Case 5190771 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5190771 — net $1,893.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 March 2025	$1,337.14	Rent arrears to 1 March 2025
Water rates	$182.14	Water rates
Carpet cleaning	$195.50	Carpet cleaning
Pest control	$152.00	Pest control
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,893.78
Bond	$2,340.00
Total payable by Tenant to Landlord	$1,893.78

Debbie O'Callaghan to pay Bayside Rentals Limited As Agent For Gg & Ge Blackburn Family Trust $1,893.78 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,340.00 (6462220-006) immediately apportioned as follows: Bayside Rentals Limited As Agent For Gg & Ge Blackburn Family Trust: $1,893.78 Debbie O'Callaghan: $446.22

The claim for gardening costs is dismissed.

Reasons

Both parties attended the hearing.

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 and water rates?

The parties signed a one-year fixed-term tenancy agreement on 27 September 2024. On 9 December 2024 the landlord conducted an inspection of the premises. Following discussions between the parties, the tenant advised the landlord she wished to end the tenancy early. No end of tenancy date was agreed.

On 13 February 2025 the landlord advised the tenant a new tenant could move in on 2 March 2025. The tenant ceased paying rent after 13 March 2025 because she believed she was no longer liable for rent after the landlord “had found a replacement tenant”. The tenant moved out on 1 March 2025 and the new tenant moved in on 2 March 2025.

The landlord is seeking rent arrears up until the date the tenant moved out. The landlord produced a rent summary in support of her claim, which the tenant does not dispute.

Because the tenant continued living at the premises until 1 March 2025, she must pay rent up until this date. That is the end date of the tenancy.

The landlord also claims water rates of $182.41. The tenant stated this amount was not disputed.

The amounts ordered are proved.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord claims that at the end of the tenancy the premises were infested with fleas. The new tenant spent $152.00 on flea bombs to treat the premises. The landlord provided invoices, correspondence from the new tenant dated 13 March 2025, and photographs of the new tenants’ arms and legs which appear to show numerous flea bites.

It is not disputed that the tenant kept a medium to large dog and a cat at the premises. The tenant stated that she had never suffered from flea bites while living at the premises.

Despite the tenant’s experience, I find it proved on the evidence before me that the new tenant suffered from an infestation of fleas at the premises from the beginning of the tenancy.

The landlord is claiming $195.50 for carpet cleaning. At the end of the tenancy, the landlord claims the carpet throughout the house was stained and full of fleas. The new tenants engaged a carpet cleaner. An invoice dated 7 March 2025, and a photo of the carpet with stains was produced.

I accept the landlord’s evidence that the stains and the fleas in the carpet mean the carpet was not reasonably clean at the end of the tenancy. This claim is proved.

The amounts ordered are proved.

The landlord also claimed $195.50 for gardening. The landlord produced a photograph that shows a pile of green waste, and some rubbish items in and around the green waste that were removed at the end of the tenancy.

The tenant stated that all of the rubbish items were at the property at the beginning of the tenancy, and one of the rubbish items was a large planter box that had been at the back of the property and had contained compost. She disputes liability for the gardening costs.

On the balance of probabilities I am not persuaded that the costs being claimed by the landlord for gardening can be attributed to the tenant not leaving the garden reasonably tidy. I determine that the rubbish items and garden waste were most likely both on the premises at the beginning of the tenancy.

This claim is not proved.

Because Bayside Rentals Limited As Agent For Gg & Ge Blackburn Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5190771 — net $1,893.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1 March 2025	$1,337.14	Rent arrears to 1 March 2025
Water rates	$182.14	Water rates
Carpet cleaning	$195.50	Carpet cleaning
Pest control	$152.00	Pest control
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,893.78
Bond	$2,340.00
Total payable by Tenant to Landlord	$1,893.78

Order

Debbie O'Callaghan to pay Bayside Rentals Limited As Agent For Gg & Ge Blackburn Family Trust $1,893.78 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,340.00 (6462220-006) immediately apportioned as follows: Bayside Rentals Limited As Agent For Gg & Ge Blackburn Family Trust: $1,893.78 Debbie O'Callaghan: $446.22
The claim for gardening costs is dismissed.

Reasons

Both parties attended the hearing.
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 and water rates?

The parties signed a one-year fixed-term tenancy agreement on 27 September 2024. On 9 December 2024 the landlord conducted an inspection of the premises. Following discussions between the parties, the tenant advised the landlord she wished to end the tenancy early. No end of tenancy date was agreed.
On 13 February 2025 the landlord advised the tenant a new tenant could move in on 2 March 2025. The tenant ceased paying rent after 13 March 2025 because she believed she was no longer liable for rent after the landlord “had found a replacement tenant”. The tenant moved out on 1 March 2025 and the new tenant moved in on 2 March 2025.
The landlord is seeking rent arrears up until the date the tenant moved out. The landlord produced a rent summary in support of her claim, which the tenant does not dispute.
Because the tenant continued living at the premises until 1 March 2025, she must pay rent up until this date. That is the end date of the tenancy.
The landlord also claims water rates of $182.41. The tenant stated this amount was not disputed.
The amounts ordered are proved.

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that at the end of the tenancy the premises were infested with fleas. The new tenant spent $152.00 on flea bombs to treat the premises. The landlord provided invoices, correspondence from the new tenant dated 13 March 2025, and photographs of the new tenants’ arms and legs which appear to show numerous flea bites.
It is not disputed that the tenant kept a medium to large dog and a cat at the premises. The tenant stated that she had never suffered from flea bites while living at the premises.
Despite the tenant’s experience, I find it proved on the evidence before me that the new tenant suffered from an infestation of fleas at the premises from the beginning of the tenancy.
The landlord is claiming $195.50 for carpet cleaning. At the end of the tenancy, the landlord claims the carpet throughout the house was stained and full of fleas. The new tenants engaged a carpet cleaner. An invoice dated 7 March 2025, and a photo of the carpet with stains was produced.
I accept the landlord’s evidence that the stains and the fleas in the carpet mean the carpet was not reasonably clean at the end of the tenancy. This claim is proved.
The amounts ordered are proved.
The landlord also claimed $195.50 for gardening. The landlord produced a photograph that shows a pile of green waste, and some rubbish items in and around the green waste that were removed at the end of the tenancy.
The tenant stated that all of the rubbish items were at the property at the beginning of the tenancy, and one of the rubbish items was a large planter box that had been at the back of the property and had contained compost. She disputes liability for the gardening costs.
On the balance of probabilities I am not persuaded that the costs being claimed by the landlord for gardening can be attributed to the tenant not leaving the garden reasonably tidy. I determine that the rubbish items and garden waste were most likely both on the premises at the beginning of the tenancy.
This claim is not proved.
Because Bayside Rentals Limited As Agent For Gg & Ge Blackburn Family Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5190771 — Rent arrears at 10A Washington Avenue, Glendowie, Auckland 1071

At a glance

Tenancy Tribunal case 5190771 — Rent arrears at 10A Washington Avenue, Glendowie, Auckland 1071

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions