What was Tenancy Tribunal case 5333461 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 5333461?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $234.70 awarded to landlord; Rent Arrears: $3,772.86 awarded to landlord; Rubbish Removal: $771.00 awarded to landlord

What type of tenancy dispute was case 5333461?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5333461?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12603396-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5333461 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 5333461?

Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $234.70 awarded to landlord; Rent Arrears: $3,772.86 awarded to landlord; Rubbish Removal: $771.00 awarded to landlord

What type of tenancy dispute was case 5333461?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5333461?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12603396-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5333461 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5333461 — net $2,086.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20.6.2025	$3,772.86	Rent arrears to 20.6.2025
Rubbish removal	$771.00	Rubbish removal
Lawns and Garden work	$234.70	8. After carefully considering all the evidence including a comparison of pre and post tenancy photos supplied by the landlord and post tenancy photos supplied…
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,086.56
Total payable by Tenant to Landlord	$2,086.56

Both parties attended the hearing.

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

How much is owed for rent?

The tenancy ended on 20 June 2025 The landlord provided rent records which prove the amount owing at the end of the tenancy and the tenants accept the amount owed to be deducted from the bond.

Did the tenants 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.

The tenant's obligation to leave the premises reasonably clean and reasonably tidy is not an absolute standard, and it does not mean that the premises will be immaculate, spotless, or commercially clean. It also does not mean that the premises will necessarily be ready for occupation by a new tenant, the owner or ready for sale. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord. The test as to whether premises are in a reasonably clean and tidy condition is an objective test, not to be determined based on the subjective opinion of either the landlord or the tenant. Also, a tenant should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy.

The landlord claims the costs to remove rubbish and belongings from the interior of the premises and the grounds, and to tidy the lawns and gardens. Two invoices were submitted for $469.40 and $771.00. They submitted a report containing photos taken before the tenancy started dated 7 August 2023 and photos taken after the tenancy ended dated 24 June 2025. The property manager also recorded comments concerning the condition of the property.

The tenants accepted that they ran out of time to complete work to tidy the garden and lawns and left behind some items of furniture and belongings that required disposal. The arrangements they made to have some of the furniture items collected and disposed of fell through. However, they argue that some of the landlord’s photos were taken prior to their cleaning the carpets; having the carpet cleaner wipe down some surfaces throughout the house; and prior to removing some items. They also argued that the premises were not clean and tidy in some respects at the start of the tenancy but were unable to provide supporting evidence such as their own photos taken to show the condition. However, I note that in relation to their claim that stains and rust marks on some of the cupboard shelving existed prior to the tenancy, the landlord’s report also records that there were some pre-existing stains.

After carefully considering all the evidence including a comparison of pre and post tenancy photos supplied by the landlord and post tenancy photos supplied by the tenant, I am satisfied that the tenants did not leave the grounds (lawns and gardens) reasonably tidy and did not remove all belongings and rubbish with some items left inside and some waste left outside. However, in relation to the invoice for $469.40 to tidy the grounds, it includes time taken to remove agapanthus plants near the sewer. The plants are present in the pre-tenancy photos taken by the landlord but there is no photo to show how they looked at the end of the tenancy. It is well known that agapanthus can be difficult to remove because of their strong dense and deep reaching root system and it is perhaps unsurprising that the landlord decided to remove them. However, I can see no reason why the tenants are responsible for the cost to remove the plants. I have reduced the invoice by 50% accordingly which I consider is fair and reasonable.

The amounts ordered are proved.

As the landlord has substantially succeeded in the proceedings, they are entitled to suppression of their name and identifying details.

Claims and awards in Tenancy Tribunal application 5333461 — net $2,086.56 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20.6.2025	$3,772.86	Rent arrears to 20.6.2025
Rubbish removal	$771.00	Rubbish removal
Lawns and Garden work	$234.70	8. After carefully considering all the evidence including a comparison of pre and post tenancy photos supplied by the landlord and post tenancy photos supplied…
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,086.56
Total payable by Tenant to Landlord	$2,086.56

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Scotty Edwards and Felicia Pressick must pay [The landlord/s] $2,058.56 immediately, calculated as shown in the table below.

Reasons

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

How much is owed for rent?

The tenancy ended on 20 June 2025 The landlord provided rent records which prove the amount owing at the end of the tenancy and the tenants accept the amount owed to be deducted from the bond.

Did the tenants 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.
The tenant's obligation to leave the premises reasonably clean and reasonably tidy is not an absolute standard, and it does not mean that the premises will be immaculate, spotless, or commercially clean. It also does not mean that the premises will necessarily be ready for occupation by a new tenant, the owner or ready for sale. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord. The test as to whether premises are in a reasonably clean and tidy condition is an objective test, not to be determined based on the subjective opinion of either the landlord or the tenant. Also, a tenant should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy.
The landlord claims the costs to remove rubbish and belongings from the interior of the premises and the grounds, and to tidy the lawns and gardens. Two invoices were submitted for $469.40 and $771.00. They submitted a report containing photos taken before the tenancy started dated 7 August 2023 and photos taken after the tenancy ended dated 24 June 2025. The property manager also recorded comments concerning the condition of the property.
The tenants accepted that they ran out of time to complete work to tidy the garden and lawns and left behind some items of furniture and belongings that required disposal. The arrangements they made to have some of the furniture items collected and disposed of fell through. However, they argue that some of the landlord’s photos were taken prior to their cleaning the carpets; having the carpet cleaner wipe down some surfaces throughout the house; and prior to removing some items. They also argued that the premises were not clean and tidy in some respects at the start of the tenancy but were unable to provide supporting evidence such as their own photos taken to show the condition. However, I note that in relation to their claim that stains and rust marks on some of the cupboard shelving existed prior to the tenancy, the landlord’s report also records that there were some pre-existing stains.
After carefully considering all the evidence including a comparison of pre and post tenancy photos supplied by the landlord and post tenancy photos supplied by the tenant, I am satisfied that the tenants did not leave the grounds (lawns and gardens) reasonably tidy and did not remove all belongings and rubbish with some items left inside and some waste left outside. However, in relation to the invoice for $469.40 to tidy the grounds, it includes time taken to remove agapanthus plants near the sewer. The plants are present in the pre-tenancy photos taken by the landlord but there is no photo to show how they looked at the end of the tenancy. It is well known that agapanthus can be difficult to remove because of their strong dense and deep reaching root system and it is perhaps unsurprising that the landlord decided to remove them. However, I can see no reason why the tenants are responsible for the cost to remove the plants. I have reduced the invoice by 50% accordingly which I consider is fair and reasonable.
The amounts ordered are proved.
As the landlord has substantially succeeded in the proceedings, they are entitled to suppression of their name and identifying details.

Tenancy Tribunal case 5333461 — Rent arrears

At a glance

Tenancy Tribunal case 5333461 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenants 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?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions