What was Tenancy Tribunal case 5430001 about?

The tribunal order states: [The tenant/s] must pay Suchy & Co Property Management Limited As Agents

How much money was awarded in case 5430001?

Cleaning: $350.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,100.00 awarded to landlord; Rubbish Removal: $349.50 awarded to landlord

What type of tenancy dispute was case 5430001?

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

Where can I read the official tribunal order for case 5430001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13713163-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5430001 about?

The tribunal order states: [The tenant/s] must pay Suchy & Co Property Management Limited As Agents

How much money was awarded in case 5430001?

Cleaning: $350.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,100.00 awarded to landlord; Rubbish Removal: $349.50 awarded to landlord

What type of tenancy dispute was case 5430001?

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

Where can I read the official tribunal order for case 5430001?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13713163-Tenancy_Tribunal_Order.pdf.

188A Dorset Road, Hillsborough, RD 2, New Plymouth 4372 Tenancy Tribunal Case 5430001 — Rent arrears

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188A Dorset Road, Hillsborough, RD 2, New Plymouth 4372 Tenancy Tribunal Case 5430001 — 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 5430001 — net $1,927.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 7 October to 22 December 2025	$2,100.00	Rent arrears from 7 October to 22 December 2025
Rubbish removal	$349.50	Rubbish removal
Cleaning: includes stove	$350.00	Cleaning: includes stove
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,927.50
Total payable by Tenant to Landlord	$1,927.50

Claims and awards for application 5430001 — net $1,927.50 NZD. Verify on MoJ.

Rent arrears from 7 October to 22 December 2025

Amount: $2,100.00
Awarded to: Landlord
Reason: Rent arrears from 7 October to 22 December 2025

Rubbish removal

Amount: $349.50
Awarded to: Landlord
Reason: Rubbish removal

Cleaning: includes stove

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning: includes stove

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,927.50

Total payable by Tenant to Landlord

Landlord $1,927.50

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

[The tenant/s] must pay Suchy & Co Property Management Limited As Agents For Bruce Donald & Jennifer Margaret Adlam $1,927.50 immediately, calculated as shown in table below.
The other tenant is removed from the application.
All other claims are dismissed.
The Bond Centre is to pay the bond of $900.00 (6162364-028) to Suchy & Co Property Management Limited As Agents For Bruce Donald & Jennifer Margaret Adlam immediately.

Reasons

The landlord attended the hearing. I telephoned both tenants named on the application form and neither answered my calls.
There is a note on the file from Ms Pavihi’s ex husband saying he left the tenancy premises a number of years ago and he no longer has any responsibility for the tenancy. The property manager confirmed that she was aware of the separation, and that Ms Pavihi had been the one living at the premises and solely responsible for paying rent. The current property manager was not aware of any paperwork to remove the ex husband from the tenancy agreement. However, I find it would be unfair to include him in this order because of the length of time since he left and because everyone knew about it.
I note the bond is in the ex husband’s name but find this can be refunded to the landlord. This is because it was paid as a safeguard for the landlord and should be refunded where the landlord establishes a breach.
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 22 December 2025 after the tenant was served a 90 day notice. The landlord provided rent records which prove the amount owing from the date the new property manager took over to the end of the tenancy.

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

There is a claim for cleaning and rubbish removal. Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
This is the landlord’s claim to prove. I was provided with good photos showing the rubbish and an invoice for the dump. This claim is proved in full.
I have carefully considered the photos and I have allowed an amount for the cleaning that seems reasonable to me. The owners have done the work and I am not sure what they have charged as an hourly rate for their labour. I have allowed 10 hours of cleaning at $30 an hour and the extra for the oven. This hourly rate is appropriate for the type of work done and is line with other decisions by the Tribunal.
The claimed GST is not allowed. The invoice is not from a business so there is no GST to pay.

Is the tenant responsible for the damage to the premises?

There is a claim for repairs. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove she did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B RTA.
I was provided with a property condition report from the start of the tenancy – attached to the tenancy agreement and completed and signed - but no photos showing the damage at the end of the tenancy. This means I cannot decide fair wear and tear. This claim is not proved and it is dismissed. Other
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
I have sent a request to the Bond Centre. A copy of this order will be emailed to the ex husband as well.

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 5430001 — net $1,927.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears from 7 October to 22 December 2025	$2,100.00	Rent arrears from 7 October to 22 December 2025
Rubbish removal	$349.50	Rubbish removal
Cleaning: includes stove	$350.00	Cleaning: includes stove
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,927.50
Total payable by Tenant to Landlord	$1,927.50

Claims and awards for application 5430001 — net $1,927.50 NZD. Verify on MoJ.

Rent arrears from 7 October to 22 December 2025

Amount: $2,100.00
Awarded to: Landlord
Reason: Rent arrears from 7 October to 22 December 2025

Rubbish removal

Amount: $349.50
Awarded to: Landlord
Reason: Rubbish removal

Cleaning: includes stove

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning: includes stove

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,927.50

Total payable by Tenant to Landlord

Landlord $1,927.50

Dismissed claims

Other Claims — All other claims dismissed

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears Rubbish Removal

Order

[The tenant/s] must pay Suchy & Co Property Management Limited As Agents For Bruce Donald & Jennifer Margaret Adlam $1,927.50 immediately, calculated as shown in table below.
The other tenant is removed from the application.
All other claims are dismissed.
The Bond Centre is to pay the bond of $900.00 (6162364-028) to Suchy & Co Property Management Limited As Agents For Bruce Donald & Jennifer Margaret Adlam immediately.

Reasons

The landlord attended the hearing. I telephoned both tenants named on the application form and neither answered my calls.
There is a note on the file from Ms Pavihi’s ex husband saying he left the tenancy premises a number of years ago and he no longer has any responsibility for the tenancy. The property manager confirmed that she was aware of the separation, and that Ms Pavihi had been the one living at the premises and solely responsible for paying rent. The current property manager was not aware of any paperwork to remove the ex husband from the tenancy agreement. However, I find it would be unfair to include him in this order because of the length of time since he left and because everyone knew about it.
I note the bond is in the ex husband’s name but find this can be refunded to the landlord. This is because it was paid as a safeguard for the landlord and should be refunded where the landlord establishes a breach.
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 22 December 2025 after the tenant was served a 90 day notice. The landlord provided rent records which prove the amount owing from the date the new property manager took over to the end of the tenancy.

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

There is a claim for cleaning and rubbish removal. Tenants must return the premises in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
This is the landlord’s claim to prove. I was provided with good photos showing the rubbish and an invoice for the dump. This claim is proved in full.
I have carefully considered the photos and I have allowed an amount for the cleaning that seems reasonable to me. The owners have done the work and I am not sure what they have charged as an hourly rate for their labour. I have allowed 10 hours of cleaning at $30 an hour and the extra for the oven. This hourly rate is appropriate for the type of work done and is line with other decisions by the Tribunal.
The claimed GST is not allowed. The invoice is not from a business so there is no GST to pay.

Is the tenant responsible for the damage to the premises?

There is a claim for repairs. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove she did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B RTA.
I was provided with a property condition report from the start of the tenancy – attached to the tenancy agreement and completed and signed - but no photos showing the damage at the end of the tenancy. This means I cannot decide fair wear and tear. This claim is not proved and it is dismissed. Other
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
I have sent a request to the Bond Centre. A copy of this order will be emailed to the ex husband as well.

Tenancy Tribunal case 5430001 — Rent arrears at 188A Dorset Road, Hillsborough, RD 2, New Plymouth 4372

At a glance

Tenancy Tribunal case 5430001 — Rent arrears at 188A Dorset Road, Hillsborough, RD 2, New Plymouth 4372

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions