What was the outcome of Tenancy Tribunal case 5222773?

The tribunal order states: Philip Ronald Mairs must pay Suzanne McKinnon $4,467.19 immediately, calculated as

How much money was awarded in case 5222773?

Cleaning: $792.35 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Missing Oven Racks: $190.16 awarded to landlord; Previous Order Application 5150132 D…: $5,427.00 awarded to landlord; Property Damage: $430.68 awarded to landlord

What type of tenancy dispute was case 5222773?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5222773?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12066148-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5222773?

The tribunal order states: Philip Ronald Mairs must pay Suzanne McKinnon $4,467.19 immediately, calculated as

How much money was awarded in case 5222773?

Cleaning: $792.35 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Missing Oven Racks: $190.16 awarded to landlord; Previous Order Application 5150132 D…: $5,427.00 awarded to landlord; Property Damage: $430.68 awarded to landlord

What type of tenancy dispute was case 5222773?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5222773?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12066148-Tenancy_Tribunal_Order.pdf.

90A Riddell Road, Glendowie, Auckland 1071 Tenancy Tribunal Case 5222773 — Cleanliness

Claims and awards in Tenancy Tribunal application 5222773 — net $4,467.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5150132 dated 28/02/2025	$5,427.00	Previous order application 5150132 dated 28/02/2025
Cleaning including carpet cleaning	$792.35	Cleaning including carpet cleaning
Lock/key replacement	$430.68	Lock/key replacement
Missing oven racks	$190.16	Missing oven racks
Filing fee	$27.00	Filing fee
Net award	$4,467.19
Total payable by Tenant to Landlord	$4,467.19

Order

Philip Ronald Mairs must pay Suzanne McKinnon $4,467.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (3200146-015) to Suzanne McKinnon immediately.
The landlord’s claims are allowed as set out in this order and its

Reasons

The tenant’s claims are dismissed.
The landlord’s claim relating to contamination of the premises are withdrawn by leave without prejudice. These claims may be pursued if any claim relating to the tenancy is heard again in the Tribunal. DescriptionLandlord Previous order application 5150132 dated 28/02/2025$5,427.00 Cleaning including carpet cleaning$792.35 Lock/key replacement$430.68 Missing oven racks$190.16 Filing fee$27.00 Total award$6,867.19 Bond$2,400.00 Total payable by Tenant to Landlord$4,467.19 REASONS:
The landlord attended the hearing in person.
The tenant did not attend.
The tenancy has ended. The landlord claimed for the tenant did not leave the premises reasonably clean, did not leave two oven racks, did not return the keys, and contaminated the premises. For remedy she sought the costs incurred to remediate the issues. She further claimed the tenant had breached their legal obligations as to refraining from certain activities in the premises and sought exemplary damages. The landlord also asks the Tribunal to include its earlier order in this decision for ease of enforcement. She sought payment over of the bond.
The tenant claimed the landlord did not provide the premises in a reasonable state of repair in respect to a driveway security gate, and interfered with his reasonable peace, comfort and privacy in respect to carrying out roof repairs. For remedy, the tenant sought compensation. The tenant’s non-attendance
Eleven minutes before the hearing’s scheduled start time, I received an email from Registry that the tenant asked to be excused from the hearing due to a health issue. The request was supported by a medical certificate.
I excused the tenant’s non-attendance.
I had considered adjourning the matter for the tenant to attend a new hearing. However, I decided to proceed to hearing the matter because the tenant’s claim sets out sufficient information for me to determine his claim.
Further, the landlord indicated that she would not today pursue the most serious claims against the tenant today if the other claims could be finalised. I would not have proceeded with the case unless the landlord made that concession, which appears very much to the tenant’s advantage. The landlord asked, however, that she be permitted to pursue the more serious claims should Mr Mairs apply for a rehearing or for some other reason this decision does not bring finality.
It is appropriate to proceed in those circumstances. I shall deal with the claims other than the contamination claims. The landlord may pursue those claims if these proceedings do not bring finality.
I deal firstly with the landlord’s claims and then the tenant’s. The Tribunal’s previous order
On 28 February 2025, the Tribunal terminated the tenancy for rent being more than 21 days in arrears and ordered the tenant to pay the landlord $5,427.00 for rent arrears and the filing fee.
The monetary part of that order is included in this order for simplicity and tidiness.

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

The tenancy ended on 23 March 2025.
The landlord submitted that the tenant walked out without doing any meaningful cleaning, that two oven racks were missing after the tenancy ended, and the tenant did not return the keys.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, return all keys and security devices, and leave all chattels provided for their benefit. 1
The tenant did not leave the premises reasonably clean and tidy.
The tenant did not return the keys at the end of the tenancy.
Two oven trays were missing at the end of the tenancy.
The landlord produced invoices to prove her losses from the tenant’s breaches.
The amounts ordered above are proved. The tenant’s claims
The tenant’s claims can be dealt with briefly because they are without merit on the evidence before me.
The tenant claims that the landlord failed to provide and maintain the premises in a reasonable state of repair 2 because an inoperable security gate impeded his vehicle’s ingress and egress from the premises’ carport. However, the landlord’s photographs show there was ample room to get a vehicle in and out of the carport without having to damage the vehicle so long as the driver of the vehicle used reasonable prudence and care.
The tenant claims that the landlord’s roofing works interfered with his reasonable peace, comfort, and privacy. 3 However, I am satisfied that the roofing works were completed by the time the tenant moved in and began paying rent.
The tenant claimed for some cleaning work but there is no evidence (such as photographs) that any cleaning was required, nor evidence of loss (such as an invoice).
The landlord carried out a minor repair to the ceiling after the tenant moved in. Such repairs are a typical feature of most tenancies from time-to-time. The landlord’s employing a contractor to repair the problem does occasion a breach. Rather, the landlord is complying with her duties under the Act to repair the premises when required to.
The tenant’s claims are dismissed. 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(iii)-(v). 2 RTA, s 45(1)(b). 3 RTA, s 38. Filing fee
The tenant must reimburse the landlord for their filing fee. 4 Bond
The Bond Centre is directed to pay the bond out to the landlord in part-payment of what the tenant owes the landlord under this order.

Claims and awards in Tenancy Tribunal application 5222773 — net $4,467.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 5150132 dated 28/02/2025	$5,427.00	Previous order application 5150132 dated 28/02/2025
Cleaning including carpet cleaning	$792.35	Cleaning including carpet cleaning
Lock/key replacement	$430.68	Lock/key replacement
Missing oven racks	$190.16	Missing oven racks
Filing fee	$27.00	Filing fee
Net award	$4,467.19
Total payable by Tenant to Landlord	$4,467.19

Order

Philip Ronald Mairs must pay Suzanne McKinnon $4,467.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (3200146-015) to Suzanne McKinnon immediately.
The landlord’s claims are allowed as set out in this order and its

Reasons

The tenant’s claims are dismissed.
The landlord’s claim relating to contamination of the premises are withdrawn by leave without prejudice. These claims may be pursued if any claim relating to the tenancy is heard again in the Tribunal. DescriptionLandlord Previous order application 5150132 dated 28/02/2025$5,427.00 Cleaning including carpet cleaning$792.35 Lock/key replacement$430.68 Missing oven racks$190.16 Filing fee$27.00 Total award$6,867.19 Bond$2,400.00 Total payable by Tenant to Landlord$4,467.19 REASONS:
The landlord attended the hearing in person.
The tenant did not attend.
The tenancy has ended. The landlord claimed for the tenant did not leave the premises reasonably clean, did not leave two oven racks, did not return the keys, and contaminated the premises. For remedy she sought the costs incurred to remediate the issues. She further claimed the tenant had breached their legal obligations as to refraining from certain activities in the premises and sought exemplary damages. The landlord also asks the Tribunal to include its earlier order in this decision for ease of enforcement. She sought payment over of the bond.
The tenant claimed the landlord did not provide the premises in a reasonable state of repair in respect to a driveway security gate, and interfered with his reasonable peace, comfort and privacy in respect to carrying out roof repairs. For remedy, the tenant sought compensation. The tenant’s non-attendance
Eleven minutes before the hearing’s scheduled start time, I received an email from Registry that the tenant asked to be excused from the hearing due to a health issue. The request was supported by a medical certificate.
I excused the tenant’s non-attendance.
I had considered adjourning the matter for the tenant to attend a new hearing. However, I decided to proceed to hearing the matter because the tenant’s claim sets out sufficient information for me to determine his claim.
Further, the landlord indicated that she would not today pursue the most serious claims against the tenant today if the other claims could be finalised. I would not have proceeded with the case unless the landlord made that concession, which appears very much to the tenant’s advantage. The landlord asked, however, that she be permitted to pursue the more serious claims should Mr Mairs apply for a rehearing or for some other reason this decision does not bring finality.
It is appropriate to proceed in those circumstances. I shall deal with the claims other than the contamination claims. The landlord may pursue those claims if these proceedings do not bring finality.
I deal firstly with the landlord’s claims and then the tenant’s. The Tribunal’s previous order
On 28 February 2025, the Tribunal terminated the tenancy for rent being more than 21 days in arrears and ordered the tenant to pay the landlord $5,427.00 for rent arrears and the filing fee.
The monetary part of that order is included in this order for simplicity and tidiness.

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

The tenancy ended on 23 March 2025.
The landlord submitted that the tenant walked out without doing any meaningful cleaning, that two oven racks were missing after the tenancy ended, and the tenant did not return the keys.
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, return all keys and security devices, and leave all chattels provided for their benefit. 1
The tenant did not leave the premises reasonably clean and tidy.
The tenant did not return the keys at the end of the tenancy.
Two oven trays were missing at the end of the tenancy.
The landlord produced invoices to prove her losses from the tenant’s breaches.
The amounts ordered above are proved. The tenant’s claims
The tenant’s claims can be dealt with briefly because they are without merit on the evidence before me.
The tenant claims that the landlord failed to provide and maintain the premises in a reasonable state of repair 2 because an inoperable security gate impeded his vehicle’s ingress and egress from the premises’ carport. However, the landlord’s photographs show there was ample room to get a vehicle in and out of the carport without having to damage the vehicle so long as the driver of the vehicle used reasonable prudence and care.
The tenant claims that the landlord’s roofing works interfered with his reasonable peace, comfort, and privacy. 3 However, I am satisfied that the roofing works were completed by the time the tenant moved in and began paying rent.
The tenant claimed for some cleaning work but there is no evidence (such as photographs) that any cleaning was required, nor evidence of loss (such as an invoice).
The landlord carried out a minor repair to the ceiling after the tenant moved in. Such repairs are a typical feature of most tenancies from time-to-time. The landlord’s employing a contractor to repair the problem does occasion a breach. Rather, the landlord is complying with her duties under the Act to repair the premises when required to.
The tenant’s claims are dismissed. 1 Residential Tenancies Act 1986 (RTA) s 40(1)(e)(iii)-(v). 2 RTA, s 45(1)(b). 3 RTA, s 38. Filing fee
The tenant must reimburse the landlord for their filing fee. 4 Bond
The Bond Centre is directed to pay the bond out to the landlord in part-payment of what the tenant owes the landlord under this order.

Tenancy Tribunal case 5222773 — Cleanliness at 90A Riddell Road, Glendowie, Auckland 1071

At a glance

Tenancy Tribunal case 5222773 — Cleanliness at 90A Riddell Road, Glendowie, Auckland 1071

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