What was Tenancy Tribunal case 5280939 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5280939?

Cleaning: $130.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $144.90 awarded to landlord; Rent Arrears: $1,928.57 awarded to landlord; Rubbish Removal: $224.94 awarded to landlord; Water Rates: $385.32 awarded to landlord; Water Rates: $57.46 awarded to landlord

What type of tenancy dispute was case 5280939?

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

Where can I read the official tribunal order for case 5280939?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12438111-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5280939 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5280939?

Cleaning: $130.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $144.90 awarded to landlord; Rent Arrears: $1,928.57 awarded to landlord; Rubbish Removal: $224.94 awarded to landlord; Water Rates: $385.32 awarded to landlord; Water Rates: $57.46 awarded to landlord

What type of tenancy dispute was case 5280939?

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

Where can I read the official tribunal order for case 5280939?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12438111-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5280939 — Rent arrears

Claims and awards in Tenancy Tribunal application 5280939 — net $198.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,928.57	Rent arrears
Water rates: 17/10/24-19-4/25	$385.32	Water rates: 17/10/24-19-4/25
Water rates: to end of tenancy	$57.46	Water rates: to end of tenancy
Rubbish removal	$224.94	Rubbish removal
Carpet Cleaning	$130.00	Carpet Cleaning
Lock/key replacement	$144.90	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$198.19
Total payable by Tenant to Landlord	$198.19

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Naomi Jane Phillips must pay [The landlord/s] $198.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,700.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with the application and notice of the hearing. The hearing proceeded in her absence.
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 tenancy commenced on 15 March 2024 and ended on 28 May 2025.
The application form indicated the landlord was seeking an order with respect to the tenant’s goods. That was not sought at the hearing and this claim is dismissed.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations: a. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. b. 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. c. 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.”
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities under the RTA. Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety. TENANT’S OBLIGATIONS
The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1 The tenant is also responsible for water consumption charges. 2
At the end of the tenancy the tenant must: a. remove all his or her goods from the premises, 3 b. leave the premises (including the land provided with the premises) reasonably clean and tidy, 4 c. remove all rubbish, and 5 d. return all keys and security devices, 6

HOW MUCH IS OWED FOR RENT?

The tenancy ended on 28 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,928.57. I make an order for the full amount claimed.

HOW MUCH IS OWED FOR WATER RATES?

The landlord seeks $385.32 in respect of water rates for the period 17 October 2024 to 19 April 2025. The landlord provided the District Council water rates invoice in support of the claim. The landlord undertook a final water reading which notes 17 units were used between 19 April 2025 and the end of the tenancy. They seek the additional usage cost of $57.46.
The landlord has therefore provided a water rates invoice and a final reading statement which prove the amount owing at the end of the tenancy.

CLEANING AND RUBBISH REMOVAL

When considering a claim for cleaning the following principles generally apply: 1 See section 40 (1)(a) of the RTA. 2 See section 39 RTA. 3 See section 40 (1)(e) (ii) of the RTA. 4 See section 40 (1)(e) (iii) of the RTA. 5 See section 40 (1)(e) (iii) of the RTA. 6 See section 40(1)(e)(iv) of the RTA. a. 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 to determine whether the premises would be reasonably clean. b. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work). c. Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 7 d. Reasonably clean does not mean commercially clean. 8 e. Reasonably clean does not mean spotless to a hotel or motel standard. 9 f. Reasonably clean is not necessarily to the standard a landlord considers acceptable for a new tenant. 10
The landlord claimed $470 for cleaning. The invoice itemises that the following tasks were undertaken: One off clean: Living/Dine/Lounge windows in/out, tracks, Laundry windows out, Lounge wall marks, Kitchen wall marks, hobbs rings, .filter (cleaned ff- site), Bathroom tap/sink, mirror (main), toilet/seat (main, ensuite), 1st room LH wall marks, Hot water cupboard/storage cupboard cobwebs, skirting, 4oor, Edges trimmed, Garden weeds, Collecting and disposing green waste, Oven cleaning
The “vacating checklist” records a number of these tasks were not completed at the end of the tenancy. However, I am not satisfied on the photographic evidence provided that the tenant did not leave the premises reasonably clean and tidy and should be liable for this cleaning invoice. I do not consider the photographs show the windows were not reasonably clean and tidy. The photographs show some areas of dust and dirt however the landlord did not provide wide shot photographs to assist in me making an assessment of whether the premises was reasonably clean and tidy or not at the end of the tenancy. The tenant is not required to leave the premises spotless, and the landlord should anticipate that they may need to do some cleaning at the end of the tenancy. I therefore consider the landlord has provided insufficient evidence in support of the claim for general cleaning and it is dismissed. 7 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 8 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 9 Richards v Scully TT Christchurch TT2043/98, 21 July 1998. 10 Ace Property Management Ltd v Owens DC Wellington CIV -2008-1441, 17 December 2008
I accept on the evidence that carpet cleaning was more likely than not required. The invoice notes they the carpet cleaner spot cleaned the carpet in all the bedrooms, and the written “vacating checklist” specifically notes stains in two bedrooms. Photographs were provided of the marks on the carpet. The amount ordered of $130 is proved with an invoice from a carpet cleaner and photographs from the end of the tenancy.
Rubbish removal was required, including the removal of two old mattresses, two outside stools and some paint containers. The amount ordered of $224.94 is proved with an invoice and photographs provided in support of the claim.

LOCKS AND KEYS

The tenant did not return the keys. The amount claimed of $144.90 is proved with an invoice from the locksmiths and oral evidence.

BOND

The bond is to be paid to the landlord immediately to offset the amounts ordered.

FILING FEE

As the landlord has partly succeeded with the claim, I have reimbursed the filing fee of $27. 11

SUPPRESSION

The landlord sought name suppression and as they have been substantially successful with the claim, I make an order suppressing the landlord’s name. 12

Claims and awards in Tenancy Tribunal application 5280939 — net $198.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,928.57	Rent arrears
Water rates: 17/10/24-19-4/25	$385.32	Water rates: 17/10/24-19-4/25
Water rates: to end of tenancy	$57.46	Water rates: to end of tenancy
Rubbish removal	$224.94	Rubbish removal
Carpet Cleaning	$130.00	Carpet Cleaning
Lock/key replacement	$144.90	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$198.19
Total payable by Tenant to Landlord	$198.19

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Naomi Jane Phillips must pay [The landlord/s] $198.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,700.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The balance of the claim is dismissed.

Reasons

The landlord attended the hearing by video call.
The tenant was telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenant was properly served with the application and notice of the hearing. The hearing proceeded in her absence.
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 tenancy commenced on 15 March 2024 and ended on 28 May 2025.
The application form indicated the landlord was seeking an order with respect to the tenant’s goods. That was not sought at the hearing and this claim is dismissed.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations: a. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. b. 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. c. 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.”
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities under the RTA. Compensation is generally awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety. TENANT’S OBLIGATIONS
The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1 The tenant is also responsible for water consumption charges. 2
At the end of the tenancy the tenant must: a. remove all his or her goods from the premises, 3 b. leave the premises (including the land provided with the premises) reasonably clean and tidy, 4 c. remove all rubbish, and 5 d. return all keys and security devices, 6

HOW MUCH IS OWED FOR RENT?

The tenancy ended on 28 May 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,928.57. I make an order for the full amount claimed.

HOW MUCH IS OWED FOR WATER RATES?

The landlord seeks $385.32 in respect of water rates for the period 17 October 2024 to 19 April 2025. The landlord provided the District Council water rates invoice in support of the claim. The landlord undertook a final water reading which notes 17 units were used between 19 April 2025 and the end of the tenancy. They seek the additional usage cost of $57.46.
The landlord has therefore provided a water rates invoice and a final reading statement which prove the amount owing at the end of the tenancy.

CLEANING AND RUBBISH REMOVAL

When considering a claim for cleaning the following principles generally apply: 1 See section 40 (1)(a) of the RTA. 2 See section 39 RTA. 3 See section 40 (1)(e) (ii) of the RTA. 4 See section 40 (1)(e) (iii) of the RTA. 5 See section 40 (1)(e) (iii) of the RTA. 6 See section 40(1)(e)(iv) of the RTA. a. 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 to determine whether the premises would be reasonably clean. b. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work). c. Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 7 d. Reasonably clean does not mean commercially clean. 8 e. Reasonably clean does not mean spotless to a hotel or motel standard. 9 f. Reasonably clean is not necessarily to the standard a landlord considers acceptable for a new tenant. 10
The landlord claimed $470 for cleaning. The invoice itemises that the following tasks were undertaken: One off clean: Living/Dine/Lounge windows in/out, tracks, Laundry windows out, Lounge wall marks, Kitchen wall marks, hobbs rings, .filter (cleaned ff- site), Bathroom tap/sink, mirror (main), toilet/seat (main, ensuite), 1st room LH wall marks, Hot water cupboard/storage cupboard cobwebs, skirting, 4oor, Edges trimmed, Garden weeds, Collecting and disposing green waste, Oven cleaning
The “vacating checklist” records a number of these tasks were not completed at the end of the tenancy. However, I am not satisfied on the photographic evidence provided that the tenant did not leave the premises reasonably clean and tidy and should be liable for this cleaning invoice. I do not consider the photographs show the windows were not reasonably clean and tidy. The photographs show some areas of dust and dirt however the landlord did not provide wide shot photographs to assist in me making an assessment of whether the premises was reasonably clean and tidy or not at the end of the tenancy. The tenant is not required to leave the premises spotless, and the landlord should anticipate that they may need to do some cleaning at the end of the tenancy. I therefore consider the landlord has provided insufficient evidence in support of the claim for general cleaning and it is dismissed. 7 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 8 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 9 Richards v Scully TT Christchurch TT2043/98, 21 July 1998. 10 Ace Property Management Ltd v Owens DC Wellington CIV -2008-1441, 17 December 2008
I accept on the evidence that carpet cleaning was more likely than not required. The invoice notes they the carpet cleaner spot cleaned the carpet in all the bedrooms, and the written “vacating checklist” specifically notes stains in two bedrooms. Photographs were provided of the marks on the carpet. The amount ordered of $130 is proved with an invoice from a carpet cleaner and photographs from the end of the tenancy.
Rubbish removal was required, including the removal of two old mattresses, two outside stools and some paint containers. The amount ordered of $224.94 is proved with an invoice and photographs provided in support of the claim.

LOCKS AND KEYS

The tenant did not return the keys. The amount claimed of $144.90 is proved with an invoice from the locksmiths and oral evidence.

BOND

The bond is to be paid to the landlord immediately to offset the amounts ordered.

FILING FEE

As the landlord has partly succeeded with the claim, I have reimbursed the filing fee of $27. 11

SUPPRESSION

The landlord sought name suppression and as they have been substantially successful with the claim, I make an order suppressing the landlord’s name. 12

Tenancy Tribunal case 5280939 — Rent arrears

At a glance

Tenancy Tribunal case 5280939 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

HOW MUCH IS OWED FOR RENT?

HOW MUCH IS OWED FOR WATER RATES?

CLEANING AND RUBBISH REMOVAL

LOCKS AND KEYS

BOND

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

HOW MUCH IS OWED FOR RENT?

HOW MUCH IS OWED FOR WATER RATES?

CLEANING AND RUBBISH REMOVAL

LOCKS AND KEYS

BOND

FILING FEE

SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions