Published tribunal order
Tenancy Tribunal case 5231671 — Rent arrears
Decided 14 Oct 2025 · Published 14 Oct 2025 · Application 5231671
- Rent arrears
- Property damage
- Cleanliness
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the parties’ names and identifying details.
- [The tenant/s] must pay [The landlord/s] $1,68316 immediately, as shown below.
- The Bond Centre is to pay the bond of $2,680.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- Both parties attended the hearing which was held by teleconference. The tenants were represented by [Tenant 1]. The Tribunal was assisted by a Spanish interpreter.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. Background
- The parties signed a tenancy agreement for a fixed term from 15 March 2024 to 19 March 2025.
- On 18 March 2025, a car crashed through the fence onto the property. Fortunately nobody was injured but the fence was destroyed and the tenants’ car and other property were damaged. They were understandably shaken.
- That day [Tenant 1] txt the property manager, “I want to move as soon as possible. Please listen to me. We don’t want to live there any more”
- The property manager replied, “Sorry to know that. Please check our current listings. You will need to give 21 days notice to move out unless you get permission from the landlord.”
- The evidence shows the landlord trying to help the tenants find another rental property but nothing suitable was found. The tenants found a new tenancy themselves.
- The landlords’ evidence is that they were not aware of that until they visited the premises for an inspection on 14 April and were handed the keys back and told the tenants had moved out.
- The landlord claims rent in lieu of notice for 21 days from that date.
- The landlord also claims compensation for outstanding water rates and for the cost of cleaning and lawn mowing at the premises after the tenants vacated and removal of a lock and bolt latch installed by the tenants.
- After the accident the tenants claimed compensation from the landlord for damage to their belongings. Those claims are not pursued in these proceedings.
How much is owed for rent?
- Neither party gave the required notice before the fixed term ended on 19 March, that that the tenancy was not to continue 1 . The tenancy became a periodic tenancy from 20 March 2 .
- The tenants were able to end that periodic tenancy by giving 21 days’ notice 3 .
- The tenants had made it clear after the accident that they would be looking for somewhere else to live. For a notice of termination to be effective, it must clearly state the day on which the tenancy will end s.51(3)(c).
- I find that the tenants’ confirmation that they would be looking for somewhere else to live was not effective notice of termination because the landlord was not able to know when the premises would be vacated.
- The landlord first knew that when the keys were handed back to them at the visit to the premises ion 14 April. The landlord is entitled to 3 week’s rent in lieu of notice from then.
- The landlord has provided rent and water rates records showing the amount due to that date, 5 May.
- The tenants say that the premises were unsafe because its situation put it at high risk of car crashes like the one they experienced, which had happened before. They say the landlord knew that and should have told them, so the tenants should be entitled to leave at any time without notice.
- I acknowledge the trauma the tenants suffered from the car having crashed onto the property. The evidence though does not prove any fault on the landlord’s part. The owner has provided a statement that this crash is the only one at the property since they bought it in 2018.
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.
- On 15 April 2025 the landlord let the tenants know that it considered more cleaning was required at the premises namely: -oil splatters on kitchen ceiling -front of dishwasher 1 Notice must be given between 90 days and 21 days before the fixed term ends - s.60A RTA 2 S.60A(1) RTA 3 S.51(2A) RTA -shower walls and floor to be cleaned and hair removed.
- Exit inspection photographs have been provided showing that in those respects the premises required further cleaning work. The landlord arranged commercial cleaning at a cost of $200.00 as proved by the invoice provided.
- The tenants’ obligation is to leave the premises reasonably clean and tidy, not market ready for a new tenancy. I estimate reasonable compensation for that additional cleaning work as 2 hours x $50.00.
- The lawns needed mowing which the landlord had done at a cost of $57.50, which the landlord is entitled to be compensated for.
- The landlord also required that the tenants remove bolt locks that had been attached to the bedroom doors, and to fill and touch up paint the holes left.
- The landlord had that work done at a cost of $230.00.
- The tenants are required to reinstate any minor changed made during the tenancy and repair any damage caused. The landlord is entitled to be compensated for the cost of removing the locks installed by the tenants.
- Because [The landlord/s] has substantially succeeded with the claim, I have reimbursed the filing fee.