What was Tenancy Tribunal case 5335561 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 5335561?

Cleaning: $140.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightbulbs: $11.84 awarded to landlord; Property Damage: $219.00 awarded to landlord; Property Damage: $46.30 awarded to landlord; Relocation Of Chattels: $207.00 awarded to landlord; Rent Arrears: $2,821.43 awarded to landlord; Rubbish Removal: $442.75 awarded to landlord

What type of tenancy dispute was case 5335561?

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

Where can I read the official tribunal order for case 5335561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12762210-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5335561 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 5335561?

Cleaning: $140.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lightbulbs: $11.84 awarded to landlord; Property Damage: $219.00 awarded to landlord; Property Damage: $46.30 awarded to landlord; Relocation Of Chattels: $207.00 awarded to landlord; Rent Arrears: $2,821.43 awarded to landlord; Rubbish Removal: $442.75 awarded to landlord

What type of tenancy dispute was case 5335561?

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

Where can I read the official tribunal order for case 5335561?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12762210-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5335561 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5335561 — net $3,916.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/7/25	$2,821.43	Rent arrears to 15/7/25
Cleaning	$140.00	Cleaning
Light bulbs/batteries	$11.84	Light bulbs/batteries
Rubbish removal	$442.75	Rubbish removal
Relocation of chattels	$207.00	Relocation of chattels
Lock/key replacement: Garage remote + Key	$219.00	Lock/key replacement: Garage remote + Key
Lock/key replacement – mail box	$46.30	Lock/key replacement – mail box
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,916.32
Total payable by Tenant to Landlord	$3,916.32

Both parties attended the remote hearing.

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

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 1 , 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 tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2 The tenancy ended on 15 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy - $2,821.43.

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

At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 3

The tenant is required to replace worn out smoke alarm batteries during the tenancy. 4 The tenant must also replace standard light bulbs. 1 Kaipo v Clarke & McCarthy (DC) TT233/02 2 See section 40 (1)(a) of the RTA. 3 See section 40(1)(e) of the RTA. 4 See section 40(1)(ca) RTA and Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016. Cleaning and rubbish removal:

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. 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).

Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 5 Reasonably clean does not mean commercially clean. 6 Reasonably clean does not mean spotless to a hotel or motel standard. 7

There is no requirement that each and every individual item in the premises be left “reasonably” clean and tidy, only an overall obligation in relation to the tenancy premises. The standard of “reasonably clean” anticipates that some parts of the premises may not be perfect.

The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. By consent I order the tenant to pay compensation for rubbish removal and disposal of goods - $442.75.

The tenant did not oppose the cleaning claim. I order $140 of the cleaning invoice because the tenant was very close to leaving the premises reasonably clean and tidy and the photographs provided by the landlord do not support the claim for the full amount invoiced, in particular in respect of window cleaning, vacuuming or the cleaning of the skirting boards. Lock/key replacement:

The tenant did not return the keys or the garage remote. The amounts ordered are proved and made by consent: garage remote and key- $219 and mailbox - $46.30 Chattels:

Chattels had to be relocated from a garage (where the tenant had stored them) back to the premises. By consent I order the tenant to pay the relocation fee of $207. Light bulb

The landlord had to replace a light bulb. The amount of $11.84 is proved and ordered by consent. 5 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 6 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 7 Richards v Scully TT Christchurch TT2043/98, 21 July 1998. Filing fee

As the landlord has succeeded with the claim, I have reimbursed the filing fee of $28. 8 Suppression

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 9

The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 10

The landlord applied for name suppression and as they have been substantially successful in the claim name suppression is ordered. The tenant applied for name suppression. The tenant largely did not oppose the landlord’s claims therefore I consider name suppression is appropriate.

Claims and awards in Tenancy Tribunal application 5335561 — net $3,916.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15/7/25	$2,821.43	Rent arrears to 15/7/25
Cleaning	$140.00	Cleaning
Light bulbs/batteries	$11.84	Light bulbs/batteries
Rubbish removal	$442.75	Rubbish removal
Relocation of chattels	$207.00	Relocation of chattels
Lock/key replacement: Garage remote + Key	$219.00	Lock/key replacement: Garage remote + Key
Lock/key replacement – mail box	$46.30	Lock/key replacement – mail box
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,916.32
Total payable by Tenant to Landlord	$3,916.32

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the parties names and identifying details.
[The tenant/s] must pay [The landlord/s] $3,916.32 immediately, calculated as shown in table below.

Reasons

Both parties attended the remote hearing.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. 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 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.
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 1 , 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 tenant must pay the rent as and when it is due and payable under the tenancy agreement. 2 The tenancy ended on 15 July 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy - $2,821.43.

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

At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 3
The tenant is required to replace worn out smoke alarm batteries during the tenancy. 4 The tenant must also replace standard light bulbs. 1 Kaipo v Clarke & McCarthy (DC) TT233/02 2 See section 40 (1)(a) of the RTA. 3 See section 40(1)(e) of the RTA. 4 See section 40(1)(ca) RTA and Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016. Cleaning and rubbish removal:
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. 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).
Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 5 Reasonably clean does not mean commercially clean. 6 Reasonably clean does not mean spotless to a hotel or motel standard. 7
There is no requirement that each and every individual item in the premises be left “reasonably” clean and tidy, only an overall obligation in relation to the tenancy premises. The standard of “reasonably clean” anticipates that some parts of the premises may not be perfect.
The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. By consent I order the tenant to pay compensation for rubbish removal and disposal of goods - $442.75.
The tenant did not oppose the cleaning claim. I order $140 of the cleaning invoice because the tenant was very close to leaving the premises reasonably clean and tidy and the photographs provided by the landlord do not support the claim for the full amount invoiced, in particular in respect of window cleaning, vacuuming or the cleaning of the skirting boards. Lock/key replacement:
The tenant did not return the keys or the garage remote. The amounts ordered are proved and made by consent: garage remote and key- $219 and mailbox - $46.30 Chattels:
Chattels had to be relocated from a garage (where the tenant had stored them) back to the premises. By consent I order the tenant to pay the relocation fee of $207. Light bulb
The landlord had to replace a light bulb. The amount of $11.84 is proved and ordered by consent. 5 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 6 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 7 Richards v Scully TT Christchurch TT2043/98, 21 July 1998. Filing fee
As the landlord has succeeded with the claim, I have reimbursed the filing fee of $28. 8 Suppression
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 9
The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. 10
The landlord applied for name suppression and as they have been substantially successful in the claim name suppression is ordered. The tenant applied for name suppression. The tenant largely did not oppose the landlord’s claims therefore I consider name suppression is appropriate.

Tenancy Tribunal case 5335561 — Rent arrears

At a glance

Tenancy Tribunal case 5335561 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions