What was Tenancy Tribunal case 5258259 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Baseden Property

How much money was awarded in case 5258259?

Cleaning: $152.55 awarded to landlord; Cleaning: $250.00 awarded to landlord; Fee For Early Termination Of FTT: $424.35 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $307.05 awarded to landlord; Property Damage: $120.75 awarded to landlord; Rent Arrears: $214.29 awarded to landlord

What type of tenancy dispute was case 5258259?

The primary dispute was Cleanliness. Related themes: Rent arrears, Property damage.

Where can I read the official tribunal order for case 5258259?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12431403-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5258259 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Baseden Property

How much money was awarded in case 5258259?

Cleaning: $152.55 awarded to landlord; Cleaning: $250.00 awarded to landlord; Fee For Early Termination Of FTT: $424.35 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $307.05 awarded to landlord; Property Damage: $120.75 awarded to landlord; Rent Arrears: $214.29 awarded to landlord

What type of tenancy dispute was case 5258259?

The primary dispute was Cleanliness. Related themes: Rent arrears, Property damage.

Where can I read the official tribunal order for case 5258259?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12431403-Tribunal_Order.pdf.

13 Derwent Place, Flagstaff, Hamilton 3210 Tenancy Tribunal Case 5258259 — Cleanliness

Claims and awards in Tenancy Tribunal application 5258259 — net $1,495.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$250.00	Cleaning
Carpet cleaning	$152.55	Carpet cleaning
Rent arrears to 21/04/25	$214.29	Rent arrears to 21/04/25
Fee for early termination of FTT	$424.35	Fee for early termination of FTT
Lawns/garden work and rubbish removal	$307.05	Lawns/garden work and rubbish removal
Replacement garage door remote and battery	$120.75	Replacement garage door remote and battery
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,495.99
Total payable by Tenant to Landlord	$1,495.99

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Baseden Property Management Limited As Agent For A. & R. Mitchell $1,495.99 immediately, calculated as shown in table below:

Reasons

Introduction

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] (the Tenant) lived at 13 Derwent Place, Flagstaff, Hamilton (the Premises) owned by A. & R. Mitchell (the Owner) and managed by Baseden Property Management Limited (the Property Manager) (together, the Landlord) for nearly two years.
In March 2025, the Tenant advised the Landlord that they would be moving out of the Premises on 6 April 2025. The Landlord reminded the Tenant that under the fixed-term tenancy, set to run until June 2025, the Tenant could not just give notice to end the tenancy. The Landlord offered to advertise the Premises for new tenants but advised the Tenant they would be liable for the costs incurred in doing so, and would remain liable for rent until a new tenancy commenced.
The Landlord says new tenants were found reasonably quickly and a new tenancy commenced on 22 April 2025.
The Landlord seeks rent arrears to 21 April 2025, reimbursement of the costs incurred in finding new tenants, cleaning, carpet cleaning, lawn mowing and rubbish removal and replacement of two garage door remotes and/or batteries.
The issues I have to determine are: a. Does the Tenant owe the Landlord rent arrears to 21 April 2025? b. Is the Tenant liable for the costs of ending the fixed-term tenancy early? c. Did the Tenant fail to leave the Premises reasonably clean at the end of tenancy? d. Did the Tenant fail to leave the carpet of the Premises reasonably clean at the end of tenancy? e. Did the Tenant fail to leave the lawns and garden reasonably tidy at the end of tenancy? f. Is the Tenant liable for the cost of replacing the two garage door remotes and/or batteries? g. Should the Tenant reimburse the Landlord’s filing fee?
On 16 September 2025, the Property Manager attended the remote hearing on behalf of the Landlord. The Tenant did not attend and calls to each of the tenants’ last known mobile numbers went unanswered. I am satisfied the Tenant was served with notice of the hearing and proceeded in his absence. The Tribunal’s approach to the issues
The relevant law that applies is found in the Residential Tenancies Act 1986 (the Act).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards. That includes a requirement that the party bringing the claim establish their claim “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fraction more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant 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 Kaipo 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 or 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.

Does the Tenant owe the Landlord rent arrears to 21 April 2025?

A fixed-term tenancy can not be terminated mid-term by either party unless one of the exceptions available under the Act applies, and notice is given in accordance with the applicable section. 1 A fixed-term tenancy may also be ended by mutual agreement of the parties.
In this case, the fixed-term tenancy was to run until 21 June 2025. On 13 March 2025, the Tenant emailed the Property Manager purporting to give “notice to end our tenancy on 6 th April 2025.” The Property Manager replied the same day reminding the Tenant they could not terminate the fixed-term tenancy by notice, but offering to find replacement tenants on the basis the Tenant remined liable for rent and outgoing expenses until a new tenancy started, and for the administrative costs incurred in the process of finding replacement tenants. The Property Manager set out the hourly charge rates for the matters such as administration costs, holding viewings, and advertising the Premises.
The Tenant did not respond to the Property Manager’s email. The Property Manager says the Tenant effectively moved out immediately without further communication.
The Landlord says new tenants were found and their tenancy commenced on 22 April 2025. The Landlord says rent arrears to 21 April 2025 were $3,214.29, however, the bond of $3,000 was refunded to the Landlord and applied to the 1 A fixed-term tenancy may only be terminated by notice if the circumstances of one of the follow sections applies: 55(1)(a), 55AA, 56(1), 56A(1), 58(1)(d), (da), 58A, 59, 59A, or 59B of the Act. rent arrears, as recorded in the rent summary. The outstanding rent arrears sought are therefore $214.29.
I am satisfied the tenancy came to an end on 21 April 2025 by mutual agreement, under the terms set out in the Property Manager’s emailed dated 13 March 2025. I am satisfied that the Tenant is liable for rent arrears to 21 April 2025 being the day before the new tenancy commenced.
The amount ordered is proved.

Is the Tenant liable for the cost of ending the fixed-term tenancy early?

As stated above, a fixed-term tenancy may be ended by mutual agreement of the parties.
I am satisfied that, in the email sent to the Tenant on 13 March 2025, the Property Manager set out the estimated costs of ending the fixed-term tenancy early. The Tenant did not respond to that email, but I accept that by moving out of the Premises they implicitly agreed to those terms.
I am satisfied the costs charges are reasonable and reflect the steps actually taken by the Property Manager.
The amount ordered is proved.

Did the Tenant fail to leave the Premises reasonably clean at the end of tenancy?

At the end of the tenancy a tenant must leave the premises reasonably clean and tidy. 2 A tenant is not required to leave a property in an immaculate standard of cleanliness. The standard is what an average, reasonable bystander would consider “reasonably clean” and “reasonably tidy”.
The Landlord produced photographs taken on or about 16 April 2025 after the Tenant had moved out. The Landlord submits they show the Premises was not left reasonably clean. An invoice for $327.75 from professional cleaners was also produced.
I am satisfied the Landlord has proved the Tenant did not leave the Premises “reasonably clean” – the photographs produced demonstrate that. However, a professional cleaner is likely to bring a property to a standard that is higher than “reasonably clean” and “reasonably tidy,” therefore I do not accept the Tenant is liable for the full cost of a professional clean.
I consider an appropriate contribution to the cost of cleaning is $250 and order the Tenant pay that amount. 2 See section 40(1)(e)(iii) of the Act.

Did the Tenant fail to leave the carpet reasonably clean at the end of tenancy?

As stated above, a tenant must leave the premises reasonably clean and tidy. 3 A tenant is required to leave the carpets (and other fixtures) reasonably clean, but they are not required to have carpets professionally cleaned.
The Landlord says that, as the Tenant had one dog in the premises (with the permission of the Landlord), the Tenant was required to have the carpets cleaned. That is not correct. There is no requirement under the Act that tenants who have pets in the Premises must have carpets professional cleaned, 4 such tenants are simply subject to the standard requirement that the premises be left “reasonably clean” and “reasonably tidy.”
In any event, the Landlord says the photographs taken on or about 16 April 2025 show stains on the carpet of unknown origin. The Landlord says they are unlikely to be directly caused by the Tenant’s pet, but say the stains were not present at the start of the tenancy and refer to photographs taken at an entry inspection on 24 June 2023.
I am satisfied the Landlord has proved the carpet was not “reasonably clean” at the end of the tenancy as the photographs taken on 16 April 2025 show several white and dark coloured stains. I am satisfied the entry inspection photographs show the carpet did not have stains at the start of the tenancy.
I am satisfied the costs charged to clean the carpets reflect the steps actually taken by the Property Manager.
The amount ordered is proved. Did the Tenant fail to leave the lawns and garden reasonably tidy at the end of tenancy?
A tenant’s obligation to leave a property reasonably clean and tidy, and remove all rubbish, extends to the exterior of the Premises. 5
The Landlord says the Tenant did not leave the lawns tidy and left rubbish, including broken down wooden pallets, cardboard and pots and/or buckets around the exterior of the Premises. Photographs taken on or about 17-19 April 2025 were produced to show the condition the exterior of the Premises was left in. 3 Section 40(1)(e)(iii) of the Act. 4 Tenancy agreements can include additional clauses but any additional clauses must be consistent with the Act and cannot diminish a tenant's rights or impose more obligations on a tenant than is required under the Act. 5 Section 40(1)(e)(iii) of the Act.
The Landlord also produced an invoice for the cost of a contractor mowing the lawn and removing and disposing of the items left around the Premises.
I am satisfied the Landlord has proved the Tenant did not leave the lawns in a tidy condition, and did not remove all rubbish, as shown by the photos.
I am satisfied the cost charged to mow the lawns and remove the rubbish is reasonable and reflect the steps actually taken by the Property Manager.
The amount ordered is proved. Is the Tenant liable for the cost of replacing the two garage door remotes and/or batteries?
On the termination of a tenancy, a tenant must return to the landlord all keys, and security or pass cards provided by the landlord for the use of the tenant. 6
The Landlord says the Tenant left the two garage door remotes supplied, however, neither remote was in working condition. One remote required a replacement battery, the other remote was found to be water-logged and a complete replacement was required.
The Landlord produced two receipts as evidence the cost of replacing the battery, and a new remote and battery, was $120.75.
I am satisfied the Landlord has proved the Tenant did not return the two garage door remotes in working condition. I am also satisfied the cost of replacing one battery and one remote is reasonable and reflect the steps actually taken by the Property Manager.
The amount ordered is proved. Should the Tenant reimburse the Landlord’s filing fee?
As the Landlord has substantially succeeded with the claim the Tenant must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5258259 — net $1,495.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$250.00	Cleaning
Carpet cleaning	$152.55	Carpet cleaning
Rent arrears to 21/04/25	$214.29	Rent arrears to 21/04/25
Fee for early termination of FTT	$424.35	Fee for early termination of FTT
Lawns/garden work and rubbish removal	$307.05	Lawns/garden work and rubbish removal
Replacement garage door remote and battery	$120.75	Replacement garage door remote and battery
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,495.99
Total payable by Tenant to Landlord	$1,495.99

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay Baseden Property Management Limited As Agent For A. & R. Mitchell $1,495.99 immediately, calculated as shown in table below:

Reasons

Introduction

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] (the Tenant) lived at 13 Derwent Place, Flagstaff, Hamilton (the Premises) owned by A. & R. Mitchell (the Owner) and managed by Baseden Property Management Limited (the Property Manager) (together, the Landlord) for nearly two years.
In March 2025, the Tenant advised the Landlord that they would be moving out of the Premises on 6 April 2025. The Landlord reminded the Tenant that under the fixed-term tenancy, set to run until June 2025, the Tenant could not just give notice to end the tenancy. The Landlord offered to advertise the Premises for new tenants but advised the Tenant they would be liable for the costs incurred in doing so, and would remain liable for rent until a new tenancy commenced.
The Landlord says new tenants were found reasonably quickly and a new tenancy commenced on 22 April 2025.
The Landlord seeks rent arrears to 21 April 2025, reimbursement of the costs incurred in finding new tenants, cleaning, carpet cleaning, lawn mowing and rubbish removal and replacement of two garage door remotes and/or batteries.
The issues I have to determine are: a. Does the Tenant owe the Landlord rent arrears to 21 April 2025? b. Is the Tenant liable for the costs of ending the fixed-term tenancy early? c. Did the Tenant fail to leave the Premises reasonably clean at the end of tenancy? d. Did the Tenant fail to leave the carpet of the Premises reasonably clean at the end of tenancy? e. Did the Tenant fail to leave the lawns and garden reasonably tidy at the end of tenancy? f. Is the Tenant liable for the cost of replacing the two garage door remotes and/or batteries? g. Should the Tenant reimburse the Landlord’s filing fee?
On 16 September 2025, the Property Manager attended the remote hearing on behalf of the Landlord. The Tenant did not attend and calls to each of the tenants’ last known mobile numbers went unanswered. I am satisfied the Tenant was served with notice of the hearing and proceeded in his absence. The Tribunal’s approach to the issues
The relevant law that applies is found in the Residential Tenancies Act 1986 (the Act).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards. That includes a requirement that the party bringing the claim establish their claim “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fraction more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant 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 Kaipo 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 or 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.

Does the Tenant owe the Landlord rent arrears to 21 April 2025?

A fixed-term tenancy can not be terminated mid-term by either party unless one of the exceptions available under the Act applies, and notice is given in accordance with the applicable section. 1 A fixed-term tenancy may also be ended by mutual agreement of the parties.
In this case, the fixed-term tenancy was to run until 21 June 2025. On 13 March 2025, the Tenant emailed the Property Manager purporting to give “notice to end our tenancy on 6 th April 2025.” The Property Manager replied the same day reminding the Tenant they could not terminate the fixed-term tenancy by notice, but offering to find replacement tenants on the basis the Tenant remined liable for rent and outgoing expenses until a new tenancy started, and for the administrative costs incurred in the process of finding replacement tenants. The Property Manager set out the hourly charge rates for the matters such as administration costs, holding viewings, and advertising the Premises.
The Tenant did not respond to the Property Manager’s email. The Property Manager says the Tenant effectively moved out immediately without further communication.
The Landlord says new tenants were found and their tenancy commenced on 22 April 2025. The Landlord says rent arrears to 21 April 2025 were $3,214.29, however, the bond of $3,000 was refunded to the Landlord and applied to the 1 A fixed-term tenancy may only be terminated by notice if the circumstances of one of the follow sections applies: 55(1)(a), 55AA, 56(1), 56A(1), 58(1)(d), (da), 58A, 59, 59A, or 59B of the Act. rent arrears, as recorded in the rent summary. The outstanding rent arrears sought are therefore $214.29.
I am satisfied the tenancy came to an end on 21 April 2025 by mutual agreement, under the terms set out in the Property Manager’s emailed dated 13 March 2025. I am satisfied that the Tenant is liable for rent arrears to 21 April 2025 being the day before the new tenancy commenced.
The amount ordered is proved.

Is the Tenant liable for the cost of ending the fixed-term tenancy early?

As stated above, a fixed-term tenancy may be ended by mutual agreement of the parties.
I am satisfied that, in the email sent to the Tenant on 13 March 2025, the Property Manager set out the estimated costs of ending the fixed-term tenancy early. The Tenant did not respond to that email, but I accept that by moving out of the Premises they implicitly agreed to those terms.
I am satisfied the costs charges are reasonable and reflect the steps actually taken by the Property Manager.
The amount ordered is proved.

Did the Tenant fail to leave the Premises reasonably clean at the end of tenancy?

At the end of the tenancy a tenant must leave the premises reasonably clean and tidy. 2 A tenant is not required to leave a property in an immaculate standard of cleanliness. The standard is what an average, reasonable bystander would consider “reasonably clean” and “reasonably tidy”.
The Landlord produced photographs taken on or about 16 April 2025 after the Tenant had moved out. The Landlord submits they show the Premises was not left reasonably clean. An invoice for $327.75 from professional cleaners was also produced.
I am satisfied the Landlord has proved the Tenant did not leave the Premises “reasonably clean” – the photographs produced demonstrate that. However, a professional cleaner is likely to bring a property to a standard that is higher than “reasonably clean” and “reasonably tidy,” therefore I do not accept the Tenant is liable for the full cost of a professional clean.
I consider an appropriate contribution to the cost of cleaning is $250 and order the Tenant pay that amount. 2 See section 40(1)(e)(iii) of the Act.

Did the Tenant fail to leave the carpet reasonably clean at the end of tenancy?

As stated above, a tenant must leave the premises reasonably clean and tidy. 3 A tenant is required to leave the carpets (and other fixtures) reasonably clean, but they are not required to have carpets professionally cleaned.
The Landlord says that, as the Tenant had one dog in the premises (with the permission of the Landlord), the Tenant was required to have the carpets cleaned. That is not correct. There is no requirement under the Act that tenants who have pets in the Premises must have carpets professional cleaned, 4 such tenants are simply subject to the standard requirement that the premises be left “reasonably clean” and “reasonably tidy.”
In any event, the Landlord says the photographs taken on or about 16 April 2025 show stains on the carpet of unknown origin. The Landlord says they are unlikely to be directly caused by the Tenant’s pet, but say the stains were not present at the start of the tenancy and refer to photographs taken at an entry inspection on 24 June 2023.
I am satisfied the Landlord has proved the carpet was not “reasonably clean” at the end of the tenancy as the photographs taken on 16 April 2025 show several white and dark coloured stains. I am satisfied the entry inspection photographs show the carpet did not have stains at the start of the tenancy.
I am satisfied the costs charged to clean the carpets reflect the steps actually taken by the Property Manager.
The amount ordered is proved. Did the Tenant fail to leave the lawns and garden reasonably tidy at the end of tenancy?
A tenant’s obligation to leave a property reasonably clean and tidy, and remove all rubbish, extends to the exterior of the Premises. 5
The Landlord says the Tenant did not leave the lawns tidy and left rubbish, including broken down wooden pallets, cardboard and pots and/or buckets around the exterior of the Premises. Photographs taken on or about 17-19 April 2025 were produced to show the condition the exterior of the Premises was left in. 3 Section 40(1)(e)(iii) of the Act. 4 Tenancy agreements can include additional clauses but any additional clauses must be consistent with the Act and cannot diminish a tenant's rights or impose more obligations on a tenant than is required under the Act. 5 Section 40(1)(e)(iii) of the Act.
The Landlord also produced an invoice for the cost of a contractor mowing the lawn and removing and disposing of the items left around the Premises.
I am satisfied the Landlord has proved the Tenant did not leave the lawns in a tidy condition, and did not remove all rubbish, as shown by the photos.
I am satisfied the cost charged to mow the lawns and remove the rubbish is reasonable and reflect the steps actually taken by the Property Manager.
The amount ordered is proved. Is the Tenant liable for the cost of replacing the two garage door remotes and/or batteries?
On the termination of a tenancy, a tenant must return to the landlord all keys, and security or pass cards provided by the landlord for the use of the tenant. 6
The Landlord says the Tenant left the two garage door remotes supplied, however, neither remote was in working condition. One remote required a replacement battery, the other remote was found to be water-logged and a complete replacement was required.
The Landlord produced two receipts as evidence the cost of replacing the battery, and a new remote and battery, was $120.75.
I am satisfied the Landlord has proved the Tenant did not return the two garage door remotes in working condition. I am also satisfied the cost of replacing one battery and one remote is reasonable and reflect the steps actually taken by the Property Manager.
The amount ordered is proved. Should the Tenant reimburse the Landlord’s filing fee?
As the Landlord has substantially succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 5258259 — Cleanliness at 13 Derwent Place, Flagstaff, Hamilton 3210

At a glance

Tenancy Tribunal case 5258259 — Cleanliness at 13 Derwent Place, Flagstaff, Hamilton 3210

At a glance

Award balance

Claims & awards

Order

Reasons

Does the Tenant owe the Landlord rent arrears to 21 April 2025?

Is the Tenant liable for the cost of ending the fixed-term tenancy early?

Did the Tenant fail to leave the Premises reasonably clean at the end of tenancy?

Did the Tenant fail to leave the carpet reasonably clean at the end of tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Does the Tenant owe the Landlord rent arrears to 21 April 2025?

Is the Tenant liable for the cost of ending the fixed-term tenancy early?

Did the Tenant fail to leave the Premises reasonably clean at the end of tenancy?

Did the Tenant fail to leave the carpet reasonably clean at the end of tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.