What was Tenancy Tribunal case 5390584 about?

The tribunal order states: The Tribunal orders suppression of the parties name and identifying details.

How much money was awarded in case 5390584?

Cleaning: $100.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,329.99 awarded to landlord

What type of tenancy dispute was case 5390584?

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

Where can I read the official tribunal order for case 5390584?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13807373-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5390584 about?

The tribunal order states: The Tribunal orders suppression of the parties name and identifying details.

How much money was awarded in case 5390584?

Cleaning: $100.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,329.99 awarded to landlord

What type of tenancy dispute was case 5390584?

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

Where can I read the official tribunal order for case 5390584?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13807373-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5390584 — Rent arrears

Claims and awards in Tenancy Tribunal application 5390584 — net $1,457.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.10.25	$1,329.99	Rent arrears to 1.10.25
Cleaning	$100.00	Cleaning
Filing fee reimbursement	$28.00	sful in their claim, I have ordered that the tenant reimburse the filing fee of $28. 3 2 RTA, 40(1)(e).
Net award	$1,457.99
Total payable by Tenant to Landlord	$1,457.99

Order

The Tribunal orders suppression of the parties name and identifying details.
[The tenant/s] must pay [The landlord/s] $1,457.99 immediately, calculated as shown in table below.
The claim for carpet cleaning is withdrawn.
The enforcement of this order is stayed pending a Tribunal order in respect of the tenant application number 5532737.
This matter is determined as indicated by the orders above, but the landlord is granted a period of 4 months within which, they can request that the application be brought back before the Tribunal if any further direction is required under this application number for lifting of the stay or payment of the bond and the matter will be re-opened for this purpose.

Reasons

The landlord attended the hearing.
This matter was first heard without the tenant, who did not connect to the hearing or answer the phone call made to him.
However, the tenant joined the MS Teams hearing shortly after the hearing ended. I recalled the matter and heard the tenant’s response to the landlord’s claim.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.
I note that the tenancy agreement refers to a second tenant, the tenant’s mother, and the bond remains held in the name of the second tenant.
The landlord advised at the hearing that the second tenant had sadly passed away in 2024 and the tenant indicated he is managing the estate of the second tenant, therefore is the personal representative of the second tenant. 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.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1
The tenancy ended by way of the tenant serving the landlord with a notice pursuant to s 56B of the RTA which relates to withdrawing from a tenancy for family violence. 1 RTA, 40 (1)(a).
The RTA provides the following in relation to family violence withdrawals: 56B Withdrawal from tenancy following family violence (1)A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if— (a)the notice is accompanied by qualifying evidence that either or both of the following apply: (i)the tenant has been a victim of family violence while a tenant of the premises: (ii)the tenant’s dependant has been a victim of family violence while residing at the premises with the tenant; and (b)the notice is in the approved form and includes the prescribed information. (2)If there are no other tenants under the tenancy at the time of the withdrawal, the tenancy terminates...
The landlord said they received the s 56B RTA notice on 29 September 2025. The tenant said he thought he had served the notice earlier, however had not done so due to his health issues. He also says that he had entered into a new tenancy in August 2025 which corroborates that he had left the premises earlier then 29 September 2025 and that he had thought he had given notice earlier.
As I indicated at the hearing, the relevant date in the RTA is the date the notice is given to the landlord in accordance with s 56 (1). That date was 29 September 2026; accordingly, the tenant is liable for rent until 1 October 2025.
The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,329.99.
The tenant also disputed the rent arrears on the basis he should only be responsible for half of the rent as he was one of two tenants. I note that no written variation to the tenancy agreement appears to have been executed following the passing of the second tenant.
In any event, the tenants were jointly and severally liable, meaning they were equally responsible for rent not just individual shares of it. Accordingly, the landlord is entitled to claim the full rent arrears from the tenant.
I consider the tenant has not proven any defence to the claim for rent arrears and I make an order for the rent arrears in full. Cleaning
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. 2
The tenant did not leave the premises reasonably clean and tidy.
The landlord had claimed carpet cleaning ($523.25) and general deep cleaning costs ($700). The claim for carpet cleaning was withdrawn. Following a discussion about the claims at the hearing, I have made an order for $100 for cleaning, to reflect that the tenant did not clean some walls and surfaces in the premises. This order is made by consent. Bond
The tenant disputes that the landlord should receive half of the bond as that was paid by the second tenant.
I indicated at the hearing I would make an order in respect of the bond, subject to the stay referred to below, however on further review it is appropriate that I do not make an order in respect of the bond, which will be made following determination of the tenant’s claims. Tenant’s claim
The tenant filed a claim with Tenancy Services at the commencement of the hearing.
I have suspended enforcement of this order pending that application being closed, either by way of it being finally determined with a Tribunal order, withdrawn or closed by Tenancy Services for lack of prosecution.
I have also granted the landlord a period of 4 months within which, they can request that this application be brought back before the Tribunal if any further direction is required under this application number for lifting of the stay and the bond and the matter will be re-opened for this purpose.
That may be necessary if the tenant’s claim is withdrawn. Filing Fee
Because the landlord has been partly successful in their claim, I have ordered that the tenant reimburse the filing fee of $28. 3 2 RTA, 40(1)(e). 3 RTA, s 102. Suppression
The Tribunal must, in any proceedings that relate to a withdrawal from a tenancy under section 56B RTA, order that the names and any identifying particulars of the parties not be published. 4
Accordingly, the parties' names and identifying details are suppressed.

Claims and awards in Tenancy Tribunal application 5390584 — net $1,457.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 1.10.25	$1,329.99	Rent arrears to 1.10.25
Cleaning	$100.00	Cleaning
Filing fee reimbursement	$28.00	sful in their claim, I have ordered that the tenant reimburse the filing fee of $28. 3 2 RTA, 40(1)(e).
Net award	$1,457.99
Total payable by Tenant to Landlord	$1,457.99

Order

The Tribunal orders suppression of the parties name and identifying details.
[The tenant/s] must pay [The landlord/s] $1,457.99 immediately, calculated as shown in table below.
The claim for carpet cleaning is withdrawn.
The enforcement of this order is stayed pending a Tribunal order in respect of the tenant application number 5532737.
This matter is determined as indicated by the orders above, but the landlord is granted a period of 4 months within which, they can request that the application be brought back before the Tribunal if any further direction is required under this application number for lifting of the stay or payment of the bond and the matter will be re-opened for this purpose.

Reasons

The landlord attended the hearing.
This matter was first heard without the tenant, who did not connect to the hearing or answer the phone call made to him.
However, the tenant joined the MS Teams hearing shortly after the hearing ended. I recalled the matter and heard the tenant’s response to the landlord’s claim.
The landlord has applied for rent arrears, compensation, payment of the bond, and reimbursement of the filing fee following the end of the tenancy.
I note that the tenancy agreement refers to a second tenant, the tenant’s mother, and the bond remains held in the name of the second tenant.
The landlord advised at the hearing that the second tenant had sadly passed away in 2024 and the tenant indicated he is managing the estate of the second tenant, therefore is the personal representative of the second tenant. 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.

How much is owed for rent?

The tenant must pay the rent as and when it is due and payable under the tenancy agreement. 1
The tenancy ended by way of the tenant serving the landlord with a notice pursuant to s 56B of the RTA which relates to withdrawing from a tenancy for family violence. 1 RTA, 40 (1)(a).
The RTA provides the following in relation to family violence withdrawals: 56B Withdrawal from tenancy following family violence (1)A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if— (a)the notice is accompanied by qualifying evidence that either or both of the following apply: (i)the tenant has been a victim of family violence while a tenant of the premises: (ii)the tenant’s dependant has been a victim of family violence while residing at the premises with the tenant; and (b)the notice is in the approved form and includes the prescribed information. (2)If there are no other tenants under the tenancy at the time of the withdrawal, the tenancy terminates...
The landlord said they received the s 56B RTA notice on 29 September 2025. The tenant said he thought he had served the notice earlier, however had not done so due to his health issues. He also says that he had entered into a new tenancy in August 2025 which corroborates that he had left the premises earlier then 29 September 2025 and that he had thought he had given notice earlier.
As I indicated at the hearing, the relevant date in the RTA is the date the notice is given to the landlord in accordance with s 56 (1). That date was 29 September 2026; accordingly, the tenant is liable for rent until 1 October 2025.
The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,329.99.
The tenant also disputed the rent arrears on the basis he should only be responsible for half of the rent as he was one of two tenants. I note that no written variation to the tenancy agreement appears to have been executed following the passing of the second tenant.
In any event, the tenants were jointly and severally liable, meaning they were equally responsible for rent not just individual shares of it. Accordingly, the landlord is entitled to claim the full rent arrears from the tenant.
I consider the tenant has not proven any defence to the claim for rent arrears and I make an order for the rent arrears in full. Cleaning
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. 2
The tenant did not leave the premises reasonably clean and tidy.
The landlord had claimed carpet cleaning ($523.25) and general deep cleaning costs ($700). The claim for carpet cleaning was withdrawn. Following a discussion about the claims at the hearing, I have made an order for $100 for cleaning, to reflect that the tenant did not clean some walls and surfaces in the premises. This order is made by consent. Bond
The tenant disputes that the landlord should receive half of the bond as that was paid by the second tenant.
I indicated at the hearing I would make an order in respect of the bond, subject to the stay referred to below, however on further review it is appropriate that I do not make an order in respect of the bond, which will be made following determination of the tenant’s claims. Tenant’s claim
The tenant filed a claim with Tenancy Services at the commencement of the hearing.
I have suspended enforcement of this order pending that application being closed, either by way of it being finally determined with a Tribunal order, withdrawn or closed by Tenancy Services for lack of prosecution.
I have also granted the landlord a period of 4 months within which, they can request that this application be brought back before the Tribunal if any further direction is required under this application number for lifting of the stay and the bond and the matter will be re-opened for this purpose.
That may be necessary if the tenant’s claim is withdrawn. Filing Fee
Because the landlord has been partly successful in their claim, I have ordered that the tenant reimburse the filing fee of $28. 3 2 RTA, 40(1)(e). 3 RTA, s 102. Suppression
The Tribunal must, in any proceedings that relate to a withdrawal from a tenancy under section 56B RTA, order that the names and any identifying particulars of the parties not be published. 4
Accordingly, the parties' names and identifying details are suppressed.

Tenancy Tribunal case 5390584 — Rent arrears

At a glance

Award balance

Tenancy Tribunal case 5390584 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions