What was the outcome of Tenancy Tribunal case 5236899?

The tribunal order states: Corban Maxwell must pay Hammond & Co Property Limited $202.00

How much money was awarded in case 5236899?

Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,365.00 awarded to landlord

What type of tenancy dispute was case 5236899?

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

Where can I read the official tribunal order for case 5236899?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12069478-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5236899?

The tribunal order states: Corban Maxwell must pay Hammond & Co Property Limited $202.00

How much money was awarded in case 5236899?

Cleaning: $350.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $1,365.00 awarded to landlord

What type of tenancy dispute was case 5236899?

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

Where can I read the official tribunal order for case 5236899?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12069478-Tenancy_Tribunal_Order.pdf.

Unit/Flat 206, 184 Symonds Street, Eden Terrace, Auckland Tenancy Tribunal Case 5236899 — Rent arrears

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Unit/Flat 206, 184 Symonds Street, Eden Terrace, Auckland Tenancy Tribunal Case 5236899 — 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 5236899 — net $202.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 March 2025	$1,365.00	Rent arrears to 26 March 2025
Cleaning	$350.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$202.00
Total payable by Tenant to Landlord	$202.00

Claims and awards for application 5236899 — net $202.00 NZD. Verify on MoJ.

Rent arrears to 26 March 2025

Amount: $1,365.00
Awarded to: Landlord
Reason: Rent arrears to 26 March 2025

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

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

Net award

Landlord $202.00

Total payable by Tenant to Landlord

Landlord $202.00

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

Corban Maxwell must pay Hammond & Co Property Limited $202.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,540.00 (5774108-010) to Hammond & Co Property Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

The landlord gave evidence the tenancy ended on 26 March 2025. I accept the landlord’s evidence on this point.
The landlord submitted a rent summary, which proves rent arrears up to 26 March 2025 are $1,365.00.
The landlord’s claim for rent arrears is granted for $1,365.00.

CLEANING

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. 1
“Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 It does not mean commercially clean, 3 1 Residential Tenancies Act 1986, section 40(1)(e)(iii). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. spotless 4 or to a hotel or motel standard. 5 The better the premises and the higher the rent payable, the higher the standard expected. 6
The landlord submitted photographs taken at the end of the tenancy. The premises do not appear to have been cleaned. The kitchen, bathroom and shower are dirty. Personal belongings such as miscellaneous household items have been left at the premises by the tenant. The landlord gave evidence that perishable food items were also left in the fridge.
On the balance of probabilities, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord submitted an invoice for $350.00 for professional cleaning.
The landlord’s claim for compensation of $350.00 is granted.

FILING FEE

Because Hammond & Co Property Limited has wholly succeeded with the claim I must reimburse the filing fee.

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 5236899 — net $202.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 26 March 2025	$1,365.00	Rent arrears to 26 March 2025
Cleaning	$350.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$202.00
Total payable by Tenant to Landlord	$202.00

Claims and awards for application 5236899 — net $202.00 NZD. Verify on MoJ.

Rent arrears to 26 March 2025

Amount: $1,365.00
Awarded to: Landlord
Reason: Rent arrears to 26 March 2025

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

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

Net award

Landlord $202.00

Total payable by Tenant to Landlord

Landlord $202.00

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

Corban Maxwell must pay Hammond & Co Property Limited $202.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,540.00 (5774108-010) to Hammond & Co Property Limited immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities. This means that they must establish that what they are claiming is more likely than not. This is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Katipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ...[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit of not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence at the hearing). I must weigh this evidence to decide what is more likely.

RENT ARREARS

The landlord gave evidence the tenancy ended on 26 March 2025. I accept the landlord’s evidence on this point.
The landlord submitted a rent summary, which proves rent arrears up to 26 March 2025 are $1,365.00.
The landlord’s claim for rent arrears is granted for $1,365.00.

CLEANING

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. 1
“Reasonably” clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 It does not mean commercially clean, 3 1 Residential Tenancies Act 1986, section 40(1)(e)(iii). 2 Housing New Zealand v Holloway NZTT Auckland TT215/93, 8 February 1993 at [8]. 3 Mills v Kiwi Property Care Ltd NZTT Auckland TT215/93, 8 February 1993 at [8]. spotless 4 or to a hotel or motel standard. 5 The better the premises and the higher the rent payable, the higher the standard expected. 6
The landlord submitted photographs taken at the end of the tenancy. The premises do not appear to have been cleaned. The kitchen, bathroom and shower are dirty. Personal belongings such as miscellaneous household items have been left at the premises by the tenant. The landlord gave evidence that perishable food items were also left in the fridge.
On the balance of probabilities, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord submitted an invoice for $350.00 for professional cleaning.
The landlord’s claim for compensation of $350.00 is granted.

FILING FEE

Because Hammond & Co Property Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5236899 — Rent arrears at Unit/Flat 206, 184 Symonds Street, Eden Terrace, Auckland

At a glance

Tenancy Tribunal case 5236899 — Rent arrears at Unit/Flat 206, 184 Symonds Street, Eden Terrace, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

CLEANING

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

CLEANING

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions