Published tribunal order
Tenancy Tribunal case 5363346 — Rent arrears at 40 Collie Drive, Pukehangi, Rotorua 3015
Decided 18 Dec 2025 · Published 18 Dec 2025 · Application 5363346
- Rent arrears
- Smoke alarms
Order
- [The tenant/s] tenant/s] is to pay the sum of $5043.71 to [The tenant/s] landlord/s] immediately as calculated in the table below.
- 00 $6,443.71 Tenant Less Bond $1,400.00 Amount owing by the tenant to the landlord $5043.71
Reasons
- Both parties attended the hearing by teleconference.
- The landlord previously applied for termination of the tenancy and possession. The background and decision are outlined in the order dated 3 November 2025.
- The case was adjourned to today to deal with the issue of rent arrears and clean up costs.
- The landlord provided rent records which prove the amount owing at the end of the tenancy. Whilst the tenant claims she was paying two lots of rent because she did not live at the address, she accepted that she did not tell the landlord nor give notice. The last payment received was on the 22 nd August 2025.
- As previously stated, the landlord is her daughter and sadly the relationship is strained, and the landlord tenant relationship has been clouded by the fact that they are family. The tenant’s belongings remained at the property as she could not move everything out. She did not accept that she needed to pay for rent, even though the landlord did not know she had gone and a significant amount of belongings remained.
- Whilst the tenant did not hand back the keys until the 17 November, the landlord took occupation, and the clean-up occurred from the 3 rd November 2025. The tenant had removed all the belongings that she could.
- Having considered all of the evidence, I accept that the rent is due and owing up until the termination and possession order date, that being the 3 rd of November 2025.
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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. This is evidenced in the photos presented dated after the 3 rd November 2025.
- The amounts ordered are proved.
- Because [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.