What was Tenancy Tribunal case 5298767 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 5298767?

Cleaning: $300.00 awarded to landlord; Cleaning: $322.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Gas Bottle Refill X 2: $290.00 awarded to landlord; Rent Arrears: $2,381.57 awarded to landlord; Water Rates: $89.15 awarded to landlord

What type of tenancy dispute was case 5298767?

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

Where can I read the official tribunal order for case 5298767?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12388006-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5298767 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 5298767?

Cleaning: $300.00 awarded to landlord; Cleaning: $322.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Gas Bottle Refill X 2: $290.00 awarded to landlord; Rent Arrears: $2,381.57 awarded to landlord; Water Rates: $89.15 awarded to landlord

What type of tenancy dispute was case 5298767?

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

Where can I read the official tribunal order for case 5298767?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12388006-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5298767 — Rent arrears

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New Zealand Tenancy Tribunal Case 5298767 — 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 5298767 — net $1,110.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 30 June 2025	$2,381.57	Rent arrears (to 30 June 2025
Water rates (to 30 June 2025	$89.15	Water rates (to 30 June 2025
Gas bottle refill x 2	$290.00	Gas bottle refill x 2
Cleaning	$322.00	Cleaning
Carpet Cleaning	$300.00	Carpet Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,110.72
Total payable by Tenant to Landlord	$1,110.72

Claims and awards for application 5298767 — net $1,110.72 NZD. Verify on MoJ.

Rent arrears (to 30 June 2025

Amount: $2,381.57
Awarded to: Landlord
Reason: Rent arrears (to 30 June 2025

Water rates (to 30 June 2025

Amount: $89.15
Awarded to: Landlord
Reason: Water rates (to 30 June 2025

Gas bottle refill x 2

Amount: $290.00
Awarded to: Landlord
Reason: Gas bottle refill x 2

Cleaning

Amount: $322.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Niem Kim Thi Lee must pay [The landlord/s] $888.72 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,300.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

[Property Manager], Property Manager, appeared for the landlord. The tenant did not appear. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded it their absence.
The tenancy commenced on 28 June 2024 with the fixed term ending on 30 June 2025.
On 2 July 2025, the landlord made an application to the Tribunal seeking rent arrears, compensation, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
At the hearing, the landlord confirmed their claims are as follows: a. Rent arrears. b. Water rates. c. Gas bottle refill x two costs. d. Cleaning costs. e. Carpet cleaning costs. f. Refund of the bond. g. Reimbursement of the filing fee. The landlord withdrew their claims for: h. Rubbish removal costs. i. Garden and lawn costs. j. Replacement of the garage door remote controls. 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 arrears?

The landlord provided rent records which prove the amount owing at the end of the tenancy totalled $2,381.57. The amount claimed is ordered.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy totalled $89.15. The amount claimed did not include fixed charges. The amount claimed is ordered.

How much is owed for gas bottle charges?

The landlord seeks $290.00 from the tenant, being the cost of two 45kg replacement gas bottles.
Paragraph 50 of the tenancy agreement states: “The gas bottle will be provided full for the tenant and the tenant agrees to fill the bottle on vacation.”
At the commencement of the tenancy the landlord provided the tenant with two full 45kg gas bottles. The gas bottles are used to heat the hot water at the property.
The landlord states that when the tenant vacated the property the two 45kg gas bottles were empty.
Having heard from the landlord the Tribunal is satisfied that the tenant failed to return two full 45kg gas bottles. 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) of the Act. Cleaning
The landlord stated the tenant failed to return the property in a reasonably clean and tidy condition at the end of the tenancy.
The landlord provided pre-tenancy inspection photographs that showed the condition of the property at the commencement of the tenancy. The property was presented in a clean and tidy condition with no obvious soiling.
The landlord provided end of tenancy inspection photographs which showed the condition of the property at the end of the tenancy. The photographs show the kitchen sink was dirty, there was soap scum on the shower door, food marks on the bedroom walls, a black scrape mark on one of the bedroom walls and white fluff on the carpet which had not been vacuum-cleaned.
The landlord provided a quote totalling $322.00 to have the property professionally cleaned, however, undertook the work themselves.
The Tribunal was able to make a proper before and after comparison of the condition of the property at the beginning and end of the tenancy. Having heard from the landlord and reviewing all the evidence the Tribunal is satisfied that the tenant failed to leave the property reasonably clean and tidy and in the circumstances the amount claimed is reasonable and awarded. Carpet Cleaning
The landlord is seeking $668.50 for carpet cleaning and provided a quote to have the carpet cleaned and deodorised ($290.00) and six small red stains treated ($300.00 + $35.00 travel + $43.50 GST).
The end of tenancy inspection photographs shows six discrete red stains on the carpet that were not present in the pre-tenancy inspection photographs.
Having heard from the landlord and reviewing all the evidence the Tribunal is satisfied that tenant failed to leave the carpet reasonably clean, and the carpet will need some extra work to get it to the condition of reasonably clean and tidy at the end of the tenancy.
The Tribunal is satisfied that the cost of spot cleaning of the red stains is appropriate and award the amount of $300.00 to meet the standard of reasonably clean and tidy. Disposal of goods
The landlord has applied for the disposal of a damaged washing machine the tenant left at the premises at the end of the tenancy. The landlord has been unable to contact the tenant to arrange a time for it to be collected and removed.
It is not practicable for the landlord to return the damaged washing machine to the tenant. The value of the damaged washing machine is below the cost of storing, transporting, and selling it. Therefore, the landlord may dispose of the damaged washing machine. See sections 62(3)(b), 62B(2) and (3) of the Act. Costs
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name Suppression
Under section 95A of the Act, a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so. The landlord has been substantially successful and is granted name suppression.

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 5298767 — net $1,110.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 30 June 2025	$2,381.57	Rent arrears (to 30 June 2025
Water rates (to 30 June 2025	$89.15	Water rates (to 30 June 2025
Gas bottle refill x 2	$290.00	Gas bottle refill x 2
Cleaning	$322.00	Cleaning
Carpet Cleaning	$300.00	Carpet Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,110.72
Total payable by Tenant to Landlord	$1,110.72

Claims and awards for application 5298767 — net $1,110.72 NZD. Verify on MoJ.

Rent arrears (to 30 June 2025

Amount: $2,381.57
Awarded to: Landlord
Reason: Rent arrears (to 30 June 2025

Water rates (to 30 June 2025

Amount: $89.15
Awarded to: Landlord
Reason: Water rates (to 30 June 2025

Gas bottle refill x 2

Amount: $290.00
Awarded to: Landlord
Reason: Gas bottle refill x 2

Cleaning

Amount: $322.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: Carpet Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Rent arrears Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Niem Kim Thi Lee must pay [The landlord/s] $888.72 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,300.00 ([Bond number suppressed]) to [The landlord/s] immediately.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

[Property Manager], Property Manager, appeared for the landlord. The tenant did not appear. The Tribunal was satisfied the tenant was properly served with the notice of hearing and the case proceeded it their absence.
The tenancy commenced on 28 June 2024 with the fixed term ending on 30 June 2025.
On 2 July 2025, the landlord made an application to the Tribunal seeking rent arrears, compensation, refund of the bond and reimbursement of the filing fee following the end of the tenancy.
At the hearing, the landlord confirmed their claims are as follows: a. Rent arrears. b. Water rates. c. Gas bottle refill x two costs. d. Cleaning costs. e. Carpet cleaning costs. f. Refund of the bond. g. Reimbursement of the filing fee. The landlord withdrew their claims for: h. Rubbish removal costs. i. Garden and lawn costs. j. Replacement of the garage door remote controls. 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 arrears?

The landlord provided rent records which prove the amount owing at the end of the tenancy totalled $2,381.57. The amount claimed is ordered.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy totalled $89.15. The amount claimed did not include fixed charges. The amount claimed is ordered.

How much is owed for gas bottle charges?

The landlord seeks $290.00 from the tenant, being the cost of two 45kg replacement gas bottles.
Paragraph 50 of the tenancy agreement states: “The gas bottle will be provided full for the tenant and the tenant agrees to fill the bottle on vacation.”
At the commencement of the tenancy the landlord provided the tenant with two full 45kg gas bottles. The gas bottles are used to heat the hot water at the property.
The landlord states that when the tenant vacated the property the two 45kg gas bottles were empty.
Having heard from the landlord the Tribunal is satisfied that the tenant failed to return two full 45kg gas bottles. 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) of the Act. Cleaning
The landlord stated the tenant failed to return the property in a reasonably clean and tidy condition at the end of the tenancy.
The landlord provided pre-tenancy inspection photographs that showed the condition of the property at the commencement of the tenancy. The property was presented in a clean and tidy condition with no obvious soiling.
The landlord provided end of tenancy inspection photographs which showed the condition of the property at the end of the tenancy. The photographs show the kitchen sink was dirty, there was soap scum on the shower door, food marks on the bedroom walls, a black scrape mark on one of the bedroom walls and white fluff on the carpet which had not been vacuum-cleaned.
The landlord provided a quote totalling $322.00 to have the property professionally cleaned, however, undertook the work themselves.
The Tribunal was able to make a proper before and after comparison of the condition of the property at the beginning and end of the tenancy. Having heard from the landlord and reviewing all the evidence the Tribunal is satisfied that the tenant failed to leave the property reasonably clean and tidy and in the circumstances the amount claimed is reasonable and awarded. Carpet Cleaning
The landlord is seeking $668.50 for carpet cleaning and provided a quote to have the carpet cleaned and deodorised ($290.00) and six small red stains treated ($300.00 + $35.00 travel + $43.50 GST).
The end of tenancy inspection photographs shows six discrete red stains on the carpet that were not present in the pre-tenancy inspection photographs.
Having heard from the landlord and reviewing all the evidence the Tribunal is satisfied that tenant failed to leave the carpet reasonably clean, and the carpet will need some extra work to get it to the condition of reasonably clean and tidy at the end of the tenancy.
The Tribunal is satisfied that the cost of spot cleaning of the red stains is appropriate and award the amount of $300.00 to meet the standard of reasonably clean and tidy. Disposal of goods
The landlord has applied for the disposal of a damaged washing machine the tenant left at the premises at the end of the tenancy. The landlord has been unable to contact the tenant to arrange a time for it to be collected and removed.
It is not practicable for the landlord to return the damaged washing machine to the tenant. The value of the damaged washing machine is below the cost of storing, transporting, and selling it. Therefore, the landlord may dispose of the damaged washing machine. See sections 62(3)(b), 62B(2) and (3) of the Act. Costs
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name Suppression
Under section 95A of the Act, a party who has been either wholly or substantially successful is entitled to name suppression unless the Tribunal finds that there are reasons relating to the conduct of the party not to do so. The landlord has been substantially successful and is granted name suppression.

Tenancy Tribunal case 5298767 — Rent arrears

At a glance

Tenancy Tribunal case 5298767 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

How much is owed for water rates?

How much is owed for gas bottle charges?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent arrears?

How much is owed for water rates?

How much is owed for gas bottle charges?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions