How much money was awarded in case 5201371?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,262.86 awarded to landlord; Rubbish Removal: $400.00 awarded to landlord

What type of tenancy dispute was case 5201371?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5201371?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12022355-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5201371?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,262.86 awarded to landlord; Rubbish Removal: $400.00 awarded to landlord

What type of tenancy dispute was case 5201371?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5201371?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12022355-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5201371 — Rent arrears

Q: What was Tenancy Tribunal case 5201371 about?

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

Order

Claims and awards in Tenancy Tribunal application 5201371 — net $1,689.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 Feb 2025	$1,262.86	Rent arrears to 3 Feb 2025
Rubbish removal and cleaning	$400.00	Rubbish removal and cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,689.86
Total payable by Tenant to Landlord	$1,689.86

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

Sharna Geurts, Holly Mcdougall, Jhonathan Yepes, Angel Nicol and Connor Platt must pay [The landlord/s] $1,689.86 from the bond, calculated as shown in table below:

Reasons

Only the landlord attended the hearing. A call to each of the known numbers for Sharna Geurts and Jhonathan Yepes went to voicemail. The landlord did not have alternative phone numbers for the other named tenants.

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

How much is owed for rent?

The tenancy ended on 3 February 2025. The landlord has filed rent records which prove the amount owing at the end of the tenancy.

The amount ordered is 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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA).

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The exit inspection report dated 4 February 2025 shows rubbish was left both inside and outside the property. Two fridges were left by the tenant, neither of which was in working order. The fridge inside the premises had rotting food left in it.

The landlord noted the property had been sold and was due to be redeveloped, nevertheless, the sale required that the property be in reasonably clean and tidy condition (as does the RTA). I am satisfied the landlord has proved the property was not left in a reasonably clean and tidy condition.

The amount ordered is proved.

Is the tenant responsible for advertising costs?

On 1 May 2023, the tenants signed a Renewal of Lease stating the tenancy was to commence 1 May 2023 for a fixed term ending 3 November 2023. Given no new tenancy agreement was offered in evidence, it would appear the tenancy rolled into a periodic tenancy after 3 November 2023.

On 9 April 2024, the tenant Sharna Geurts contacted the property manager and gave 28 days’ notice that they would be vacating the premises.

The property manager says the landlord agreed to the tenant moving out. No evidence of a further fixed term tenancy (beyond 3 November 2023) has been presented, so it is unclear to me whether as at 9 April 2024, the tenancy was a fixed term tenancy (which would require the tenant obtain the landlord’s consent to end early) or a periodic tenancy (which would only require the tenant to give 28 days’ notice to end).

The landlord says in April 2024 the tenant agreed to be liable for the costs of advertising the premises, however the emails filed by the landlord which record the tenant’s 28 days’ notice, and the landlord’s acknowledgment, are not evidence of that.

On 22 April 2024, Sharna Geurts emailed the property manager to say her plans had changed and the tenant no longer wished to end the tenancy. On the same day, the property manager replied to say the owner had confirmed the tenant could stay, but stated there would be a charge of $100 - $115 for advertising. The tenant did not respond to that email to confirm she accepted liability for that cost.

I am not satisfied the landlord has proved the tenant agreed to be liable for the advertising costs incurred in April 2024.

The claim is dismissed. Should the tenant reimburse the landlord’s application fee?

As the landlord has substantially succeeded with the claim the tenant must reimburse the filing fee. Should the landlord’s identifying details be suppressed?

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name and/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. See s 95A of the Residential Tenancies Act 1986 (RTA).

The landlord applied for suppression of their name and the tenancy address. As the landlord substantially succeeded, the landlord is entitled to name suppression and I make the order accordingly.

Claims and awards in Tenancy Tribunal application 5201371 — net $1,689.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 3 Feb 2025	$1,262.86	Rent arrears to 3 Feb 2025
Rubbish removal and cleaning	$400.00	Rubbish removal and cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,689.86
Total payable by Tenant to Landlord	$1,689.86

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Sharna Geurts, Holly Mcdougall, Jhonathan Yepes, Angel Nicol and Connor Platt must pay [The landlord/s] $1,689.86 from the bond, calculated as shown in table below:

Reasons

Only the landlord attended the hearing. A call to each of the known numbers for Sharna Geurts and Jhonathan Yepes went to voicemail. The landlord did not have alternative phone numbers for the other named tenants.
Following the end of the tenancy, the landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.

How much is owed for rent?

The tenancy ended on 3 February 2025. The landlord has filed rent records which prove the amount owing at the end of the tenancy.
The amount ordered is 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, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA).
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The exit inspection report dated 4 February 2025 shows rubbish was left both inside and outside the property. Two fridges were left by the tenant, neither of which was in working order. The fridge inside the premises had rotting food left in it.
The landlord noted the property had been sold and was due to be redeveloped, nevertheless, the sale required that the property be in reasonably clean and tidy condition (as does the RTA). I am satisfied the landlord has proved the property was not left in a reasonably clean and tidy condition.
The amount ordered is proved.

Is the tenant responsible for advertising costs?

On 1 May 2023, the tenants signed a Renewal of Lease stating the tenancy was to commence 1 May 2023 for a fixed term ending 3 November 2023. Given no new tenancy agreement was offered in evidence, it would appear the tenancy rolled into a periodic tenancy after 3 November 2023.
On 9 April 2024, the tenant Sharna Geurts contacted the property manager and gave 28 days’ notice that they would be vacating the premises.
The property manager says the landlord agreed to the tenant moving out. No evidence of a further fixed term tenancy (beyond 3 November 2023) has been presented, so it is unclear to me whether as at 9 April 2024, the tenancy was a fixed term tenancy (which would require the tenant obtain the landlord’s consent to end early) or a periodic tenancy (which would only require the tenant to give 28 days’ notice to end).
The landlord says in April 2024 the tenant agreed to be liable for the costs of advertising the premises, however the emails filed by the landlord which record the tenant’s 28 days’ notice, and the landlord’s acknowledgment, are not evidence of that.
On 22 April 2024, Sharna Geurts emailed the property manager to say her plans had changed and the tenant no longer wished to end the tenancy. On the same day, the property manager replied to say the owner had confirmed the tenant could stay, but stated there would be a charge of $100 - $115 for advertising. The tenant did not respond to that email to confirm she accepted liability for that cost.
I am not satisfied the landlord has proved the tenant agreed to be liable for the advertising costs incurred in April 2024.
The claim is dismissed. Should the tenant reimburse the landlord’s application fee?
As the landlord has substantially succeeded with the claim the tenant must reimburse the filing fee. Should the landlord’s identifying details be suppressed?
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name and/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. See s 95A of the Residential Tenancies Act 1986 (RTA).
The landlord applied for suppression of their name and the tenancy address. As the landlord substantially succeeded, the landlord is entitled to name suppression and I make the order accordingly.

Tenancy Tribunal case 5201371 — Rent arrears

At a glance

Tenancy Tribunal case 5201371 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for advertising costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for advertising costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions