What was Tenancy Tribunal case 5280640 about?

The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $1,655.00 immediately,

How much money was awarded in case 5280640?

Cleaning: $322.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,500.00 awarded to landlord; Rubbish Removal: $306.00 awarded to landlord

What type of tenancy dispute was case 5280640?

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

Where can I read the official tribunal order for case 5280640?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12631604-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5280640 about?

The tribunal order states: [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $1,655.00 immediately,

How much money was awarded in case 5280640?

Cleaning: $322.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $2,500.00 awarded to landlord; Rubbish Removal: $306.00 awarded to landlord

What type of tenancy dispute was case 5280640?

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

Where can I read the official tribunal order for case 5280640?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12631604-Tribunal_Order.pdf.

42 Patapu Street, Whanganui East, Whanganui 4500 Tenancy Tribunal Case 5280640 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5280640 — net $1,655.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 15 May 2025	$2,500.00	Rent arrears (to 15 May 2025
Cleaning	$322.00	Cleaning
Rubbish removal	$306.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,655.00
Total payable by Tenant to Landlord	$1,655.00

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

The hearing proceeded by way of video conference. The landlord appeared. The tenant did not appear, and unsuccessful attempts were made to join her to the hearing by telephone. The Tribunal was satisfied that the tenant was properly served with the notice of hearing and the case proceeded in their absence. Relevant legal considerations

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 and expectations.

That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally 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.

How much is owed for rent?

The tenancy commenced on 22 November 2024 and was periodic.

The tenancy ended on 15 May 2025. The landlord provided up to date rent records which prove the amount owing at the end of the tenancy totalled $2,500.00. The amount claimed is ordered.

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. Cleaning costs

The landlord seeks $322.00 after paying a contractor to clean the property to a reasonably clean and tidy standard at the end of the tenancy. An invoice in the amount claimed was provided.

The landlord gave evidence that the property was provided to the tenants in clean and tidy condition, free from rubbish.

The landlord provided tenancy inspection photographs taken in January 2025 showing the condition of the property shortly after the commencement of the tenancy. Those photographs show the property to be clean and tidy condition with no obvious soiling.

The landlord provided an end of tenancy inspection report with photographs. The report indicated the property showed some evidence of cleaning, but certain areas were soiled and there was an unpleasant odour.

The landlord drew the Tribunal’s attention to the end of tenancy photographs showing: a. The bathroom ceiling was muddy with dirty. b. The heat pump and some of the light shades were heavily soiled with fly dirt. c. The toilet had not been scrubbed and the bathroom had not been cleaned. d. Some of the cupboards had not been wiped out. e. There were marks on the walls and light switches.

The Act does not require the premises to be returned in immaculate condition – only in a reasonably clean and tidy state. There is no scientific way to determine what is reasonably clean and tidy. What is required is for the Tribunal to evaluate the evidence available – particularly photographs presented, and then consider whether the premises would be reasonably clean. 1

After hearing from the landlord and considering all of the evidence, the Tribunal is satisfied the tenant failed to leave the property in a reasonably clean and tidy condition at the end of the tenancy and the amount claimed is reasonable and awarded. Rubbish removal

The landlord seeks rubbish removal costs totalling $306.00 after paying a contactor to remove and dump rubbish left behind at the end of the tenancy. An invoice in the amount claimed was provided. 1 Bevan Realty Limited – As Agent for Xian Jian Chew v Kristian Pilgrim [2025] NZTT 5153354

The entry and exit photographs prove the tenant failed to remove all rubbish and left behind a number of bulky items at the end of the tenancy including: a. A fridge and BBQ b. Furniture including a headboard, couches, and a table c. A tyre, wheelbarrow, crates, and a roll of carpet. d. General rubbish.

After hearing from the landlord and considering all of the evidence, the Tribunal is satisfied the tenant failed to remove all rubbish at the end of the tenancy and the amount claimed is reasonable and awarded. Lawn mowing costs

The landlord seeks lawn mowing costs of $60.00 and an invoice in the amount claimed was provided.

There were no pre-tenancy photographs or an inspection report showing the lawns at the commencement of the tenancy.

There were no photographs showing the lawns at the end of the tenancy.

Given the lack of evidence as to the condition of the lawns at the beginning and end of the tenancy the claim is dismissed. Costs and name suppression

Because [The tenant/s] landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Despite being substantially successful the landlord did not seek name suppression.

Reasons

Claims and awards in Tenancy Tribunal application 5280640 — net $1,655.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 15 May 2025	$2,500.00	Rent arrears (to 15 May 2025
Cleaning	$322.00	Cleaning
Rubbish removal	$306.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,655.00
Total payable by Tenant to Landlord	$1,655.00