What was the outcome of Tenancy Tribunal case 5253919?

The tribunal order states: Lilibeth R. Moreno and Oliver G. Olayar must pay Ihome Property Management

How much money was awarded in case 5253919?

Cleaning: $27.00 awarded to landlord; Cleaning: $287.50 awarded to landlord; Flexi Bin Collection: $164.90 awarded to landlord; Rent Arrears: $2,850.00 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord

What type of tenancy dispute was case 5253919?

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

Where can I read the official tribunal order for case 5253919?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12221327-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5253919?

The tribunal order states: Lilibeth R. Moreno and Oliver G. Olayar must pay Ihome Property Management

How much money was awarded in case 5253919?

Cleaning: $27.00 awarded to landlord; Cleaning: $287.50 awarded to landlord; Flexi Bin Collection: $164.90 awarded to landlord; Rent Arrears: $2,850.00 awarded to landlord; Rubbish Removal: $1,150.00 awarded to landlord

What type of tenancy dispute was case 5253919?

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

Where can I read the official tribunal order for case 5253919?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12221327-Tenancy_Tribunal_Order.pdf.

20 Endeavour Street, Blockhouse Bay, Auckland 0600 Tenancy Tribunal Case 5253919 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5253919 — net $4,479.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 01/04/2025	$2,850.00	Rent arrears to 01/04/2025
Cleaning	$287.50	Cleaning
Rubbish removal	$1,150.00	Rubbish removal
Flexi Bin Collection	$164.90	Flexi Bin Collection
Carpet Cleaning	$27.00	Carpet Cleaning
Net award	$4,479.40
Total payable by Tenant to Landlord	$4,479.40

Lilibeth R. Moreno and Oliver G. Olayar must pay Ihome Property Management Limited As Agent For Fengxin Ding $4,479.40 immediately, calculated as shown in table below.

The issues I must decide today are whether the tenant is liable for each of these costs.

Is the tenant liable for the rent arrears and if so, how much?

Under section 40(1)(a) of the Residential Tenancies Act 1986 (RTA), a tenant must pay rent on time.

The applicant has provided records showing arrears of $2,850.00 as of 1 April 2025. They state that this was the date they became aware the property was abandoned, and they are only seeking arrears up to that date. I am satisfied the records are accurate.

I award $2,850.00 for rent arrears.

Is the tenant liable for the cleaning and rubbish removal costs?

The RTA requires the landlord to provide the premises in a reasonable state of cleanliness at the start of the tenancy (s45(1)(a)), and the tenant must return the premises in a reasonably clean and tidy condition at the end, including removing all rubbish.

The photos presented show a substantial amount of rubbish and an unclean property, well below the required standard.

I find that the tenant did not leave the premises in a reasonably clean and tidy condition and failed to remove all rubbish.

There are three separate claims in relation to cleaning and rubbish removal: a) The first relates to a flexi bin full of rubbish present at the property when possession was retaken. After waiting 10 days without collection, the applicant arranged for its removal at a cost of $164.90. b) The second relates to removal of abandoned rubbish and possessions, for which the applicant’s contractor charged $1,150.00. The volume of rubbish was substantial, and I find this expense reasonable. c) The third relates to general cleaning costs of $287.50, which I also find reasonable given the condition of the property.

I award $164.90 for the flexi bin, $1,150.00 for rubbish removal, and $287.50 for cleaning.

Is the tenant liable for the cost of the rangehood replacement?

The applicant provided photos of a rangehood that is damaged, and the filters are removed. The landlord stated it was 8 years old and is seeking $632.50 for replacement. On the evidence presented to me I cannot conclude definitively that this was intentional damage.

Under sections 49B, 66K(2)(a), and 66L of the RTA, the landlord must prove that damage occurred during the tenancy and is the liability of the tenant. In making any award I must have regard to depreciation and betterment.

Considering depreciation and noting that the IRD guide sets the life of comparable chattels such as ovens at 8 years, I find the rangehood was fully depreciated. The claim for $632.50 is therefore dismissed. Is the tenant liable for the replacement of the light fixtures, curtains and kitchen cabinet doors?

The landlord has provided an invoice for these items.

In Tribunal proceedings, the applicant bears the burden of proof on the balance of probabilities, which requires sufficient evidence such as independent witnesses, corroborating documents, or photographs.

As noted in Kaipo v Clarke & McCarthy (DC) TT233/02, it is the applicant’s responsibility to present evidence; failure to do so results in dismissal, regardless of merit.

The applicant could not provide proof of damage to the curtains or light fixtures when I requested this. For the cabinet doors, they showed a photo of a corner unit without doors but no comparative photos at the commencement of the tenancy. I note that in some kitchens similar corner units do not have doors. Because the applicant has not convinced me that, on the balance of probabilities, that the doors were there at the commencement of the tenancy and that the respondent removed them I cannot find that the tenant is responsible for replacement of the cabinet doors.

More broadly, the evidence suggests the property was neglected for a prolonged period. Regular inspections and active management could have mitigated these alleged losses. I find that the landlord bears some responsibility for the property’s state.

I therefore dismiss the claims for replacement of curtains, light fixtures, and kitchen cabinet doors.

Is the Tenant Liable for the Filing Fee?

As the applicant has been partly successful, I award the filing fee of $27.00 in accordance with section 102(4)(b) of the RTA. Conclusion

In summary, I find the tenant liable for rent arrears of $2,850.00, rubbish removal costs of $1,150.00, flexi bin collection of $164.90, cleaning costs of $287.50, and the filing fee of $27.00. The total awarded is $4,479.40.

The claims for replacement of the rangehood, curtains, kitchen cabinet doors, and light fixtures are dismissed. H Ben Fayed 06 August 2025

Claims and awards in Tenancy Tribunal application 5253919 — net $4,479.40 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 01/04/2025	$2,850.00	Rent arrears to 01/04/2025
Cleaning	$287.50	Cleaning
Rubbish removal	$1,150.00	Rubbish removal
Flexi Bin Collection	$164.90	Flexi Bin Collection
Carpet Cleaning	$27.00	Carpet Cleaning
Net award	$4,479.40
Total payable by Tenant to Landlord	$4,479.40

Order

Lilibeth R. Moreno and Oliver G. Olayar must pay Ihome Property Management Limited As Agent For Fengxin Ding $4,479.40 immediately, calculated as shown in table below.
The issues I must decide today are whether the tenant is liable for each of these costs.

Is the tenant liable for the rent arrears and if so, how much?

Under section 40(1)(a) of the Residential Tenancies Act 1986 (RTA), a tenant must pay rent on time.
The applicant has provided records showing arrears of $2,850.00 as of 1 April 2025. They state that this was the date they became aware the property was abandoned, and they are only seeking arrears up to that date. I am satisfied the records are accurate.
I award $2,850.00 for rent arrears.

Is the tenant liable for the cleaning and rubbish removal costs?

The RTA requires the landlord to provide the premises in a reasonable state of cleanliness at the start of the tenancy (s45(1)(a)), and the tenant must return the premises in a reasonably clean and tidy condition at the end, including removing all rubbish.
The photos presented show a substantial amount of rubbish and an unclean property, well below the required standard.
I find that the tenant did not leave the premises in a reasonably clean and tidy condition and failed to remove all rubbish.
There are three separate claims in relation to cleaning and rubbish removal: a) The first relates to a flexi bin full of rubbish present at the property when possession was retaken. After waiting 10 days without collection, the applicant arranged for its removal at a cost of $164.90. b) The second relates to removal of abandoned rubbish and possessions, for which the applicant’s contractor charged $1,150.00. The volume of rubbish was substantial, and I find this expense reasonable. c) The third relates to general cleaning costs of $287.50, which I also find reasonable given the condition of the property.
I award $164.90 for the flexi bin, $1,150.00 for rubbish removal, and $287.50 for cleaning.

Is the tenant liable for the cost of the rangehood replacement?

The applicant provided photos of a rangehood that is damaged, and the filters are removed. The landlord stated it was 8 years old and is seeking $632.50 for replacement. On the evidence presented to me I cannot conclude definitively that this was intentional damage.
Under sections 49B, 66K(2)(a), and 66L of the RTA, the landlord must prove that damage occurred during the tenancy and is the liability of the tenant. In making any award I must have regard to depreciation and betterment.
Considering depreciation and noting that the IRD guide sets the life of comparable chattels such as ovens at 8 years, I find the rangehood was fully depreciated. The claim for $632.50 is therefore dismissed. Is the tenant liable for the replacement of the light fixtures, curtains and kitchen cabinet doors?
The landlord has provided an invoice for these items.
In Tribunal proceedings, the applicant bears the burden of proof on the balance of probabilities, which requires sufficient evidence such as independent witnesses, corroborating documents, or photographs.
As noted in Kaipo v Clarke & McCarthy (DC) TT233/02, it is the applicant’s responsibility to present evidence; failure to do so results in dismissal, regardless of merit.
The applicant could not provide proof of damage to the curtains or light fixtures when I requested this. For the cabinet doors, they showed a photo of a corner unit without doors but no comparative photos at the commencement of the tenancy. I note that in some kitchens similar corner units do not have doors. Because the applicant has not convinced me that, on the balance of probabilities, that the doors were there at the commencement of the tenancy and that the respondent removed them I cannot find that the tenant is responsible for replacement of the cabinet doors.
More broadly, the evidence suggests the property was neglected for a prolonged period. Regular inspections and active management could have mitigated these alleged losses. I find that the landlord bears some responsibility for the property’s state.
I therefore dismiss the claims for replacement of curtains, light fixtures, and kitchen cabinet doors.

Is the Tenant Liable for the Filing Fee?

As the applicant has been partly successful, I award the filing fee of $27.00 in accordance with section 102(4)(b) of the RTA. Conclusion
In summary, I find the tenant liable for rent arrears of $2,850.00, rubbish removal costs of $1,150.00, flexi bin collection of $164.90, cleaning costs of $287.50, and the filing fee of $27.00. The total awarded is $4,479.40.
The claims for replacement of the rangehood, curtains, kitchen cabinet doors, and light fixtures are dismissed. H Ben Fayed 06 August 2025

Tenancy Tribunal case 5253919 — Rent arrears at 20 Endeavour Street, Blockhouse Bay, Auckland 0600

At a glance

Tenancy Tribunal case 5253919 — Rent arrears at 20 Endeavour Street, Blockhouse Bay, Auckland 0600

At a glance

Award balance

Claims & awards

Order

Is the tenant liable for the rent arrears and if so, how much?

Is the tenant liable for the cleaning and rubbish removal costs?

Is the tenant liable for the cost of the rangehood replacement?

Is the Tenant Liable for the Filing Fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Is the tenant liable for the rent arrears and if so, how much?

Is the tenant liable for the cleaning and rubbish removal costs?

Is the tenant liable for the cost of the rangehood replacement?

Is the Tenant Liable for the Filing Fee?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions