What was Tenancy Tribunal case 5442149 about?

The tribunal order states: Yang Wang must pay Topline Rentals Limited Mehul Mody $1,270.00

How much money was awarded in case 5442149?

Break Lease Costs: $379.50 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $402.50 awarded to landlord

What type of tenancy dispute was case 5442149?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5442149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13514539-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5442149 about?

The tribunal order states: Yang Wang must pay Topline Rentals Limited Mehul Mody $1,270.00

How much money was awarded in case 5442149?

Break Lease Costs: $379.50 awarded to landlord; Cleaning: $460.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $402.50 awarded to landlord

What type of tenancy dispute was case 5442149?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5442149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13514539-Tribunal_Order.pdf.

1416 Dominion Road, Mount Roskill, Auckland 1041 Tenancy Tribunal Case 5442149 — Cleanliness

Claims and awards in Tenancy Tribunal application 5442149 — net $1,270.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$460.00	Cleaning
Rubbish removal and garden work	$402.50	Rubbish removal and garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Break lease costs	$379.50	Break lease costs
Net award	$1,270.00
Total payable by Tenant to Landlord	$1,270.00

Order

Yang Wang must pay Topline Rentals Limited Mehul Mody $1,270.00 immediately, calculated as shown in table below.

All other claims are dismissed.

Reasons

Mr Modh, representing the landlord, attended the video conference hearing. The tenant did not join the hearing as per the instructions in the Notice of Hearing and so did not attend the hearing. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears, disposal of goods, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 22 February 2026 in this fixed-term tenancy that was due to go until 17 June 2026. The landlord said new tenants moved into the property on 23 February 2026.
There was an earlier hearing on 3 March 2026, resulting in an Order dated 3 March 2026 that dealt with the rent arrears and refund of the bond claims. The landlord withdrew the termination of the tenancy and disposal of goods claim at the March 2026 hearing.
The hearing was adjourned to further hear the landlord’s compensation and filing fee claims. At the start of the hearing, the landlord sought to add an outgoings claim also for a water bill. Burden of proof and evidence
An applicant must prove their claims on a balance of probabilities, that is that it is more likely than not that something occurred. This is the burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a 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.”

What is owing for water?

The landlord claimed $66.19 for water rates up to the end of the tenancy on 22 February 2026. The landlord provided one water invoice for the period 23 January 2026 to 23 February 2026, which was for $157.48, with a credit of $91.29, so coming to $66.19. The tenancy started on 18 June 2025 according to the tenancy agreement. The landlord did not provide a water ledger showing water invoices sent to the tenant and any water rates payments made by the tenant, or any other invoices for water rates that might be appropriate to any such ledger. As there was no water ledger provided by the landlord, it is unclear as to whether the water rates balance between the parties was in credit or debit before the period for the water rates invoice that is claimed. As such, I find the landlord has provided insufficient evidence to prove this claim and so dismiss this claim.

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 landlord said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Cleaning
The landlord provided about 9 photographs before the hearing and a further 6 photographs during the hearing of the condition of the property at the end of the tenancy. The landlord also provided an invoice for cleaning, rubbish removal and gardening work, coming to a total of $862.50, which they claimed. This invoice was broken down with a cost of $460.00 (GST inclusive) for cleaning and $402.50 (GST inclusive) for rubbish removal, disposal and gardening work.
The photographs showed a dirty kitchen sink and bench, with a large pot left in the sink and marks on the bench, a dirty cupboard under the kitchen sink with pots and pans left and grease marks in the cupboard, a dirty oven, grubby toilet, dirty windowsills in the bathroom, laundry and bedroom, dirty shelf in the bedroom wardrobe, dirty marks on the laundry ceiling. From the photographs provided, I find the tenant did not leave the property reasonably clean and tidy at the end of the tenancy. I find the amount claimed by the landlord for cleaning, being $460.00, is reasonable given the evidence. As such, I award the landlord $460.00 for cleaning at the end of the tenancy. Rubbish removal and gardening
The photographs provided in relation to the claim of $402.50 for rubbish removal, disposal and gardening work show a number of items, large and smaller, left inside and outside the property at the end of the tenancy, including pots and pans (inside and outside), hangars, picture, tyre rims, boxes, old broken blinds, shelves, old large cupboard, corrugated plastic roll, keyboard, containers, wood, wooden pallets, plastic shelving unit, mop, plant stand and many other items of rubbish. The photographs also showed a very overgrown lawn and many weeds which had grown high around the property. Given the photographs provided, I find the tenant did not leave the property reasonably clean and tidy, either for cleaning or for rubbish removal and gardening work, and find the amount claimed by the landlord for rubbish removal, disposal and gardening work, being $402.50, is reasonable given the evidence. Therefore, I award the landlord $402.50 for rubbish removal, disposal and gardening work at the end of the tenancy. Compensation – break lease costs
The landlord claimed $552.00 for break lease costs and provided a copy of an invoice they sent to the tenant itemising these costs. One of the costs involved in the break lease invoice was a fee of $150.00 plus GST for a final inspection. I discussed with the landlord why they charged for a final inspection fee when this would need to be completed in any event at the end of the tenancy. The landlord said this cost was passed onto the tenant rather than to the owner, as the tenant left the tenancy early. I do not accept this as a reasonable cost that directly relates to the tenant ending the tenancy early, as the landlord would have carried out a final inspection in any event when the tenancy ended. As such, I remove the final inspection fee of $150.00 plus GST, coming to $172.50, from the landlord’s claim of $552.00, which then comes to $379.50. I award $379.50 to the landlord accordingly for break lease costs incurred as a result of the tenancy finishing early.
The amounts ordered are proved. Filing fee
Because Topline Rentals Limited Mehul Mody has been successful with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5442149 — net $1,270.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$460.00	Cleaning
Rubbish removal and garden work	$402.50	Rubbish removal and garden work
Filing fee reimbursement	$28.00	Filing fee reimbursement
Break lease costs	$379.50	Break lease costs
Net award	$1,270.00
Total payable by Tenant to Landlord	$1,270.00

Order

Yang Wang must pay Topline Rentals Limited Mehul Mody $1,270.00 immediately, calculated as shown in table below.

All other claims are dismissed.

Reasons

Mr Modh, representing the landlord, attended the video conference hearing. The tenant did not join the hearing as per the instructions in the Notice of Hearing and so did not attend the hearing. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy, rent arrears, disposal of goods, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended on 22 February 2026 in this fixed-term tenancy that was due to go until 17 June 2026. The landlord said new tenants moved into the property on 23 February 2026.
There was an earlier hearing on 3 March 2026, resulting in an Order dated 3 March 2026 that dealt with the rent arrears and refund of the bond claims. The landlord withdrew the termination of the tenancy and disposal of goods claim at the March 2026 hearing.
The hearing was adjourned to further hear the landlord’s compensation and filing fee claims. At the start of the hearing, the landlord sought to add an outgoings claim also for a water bill. Burden of proof and evidence
An applicant must prove their claims on a balance of probabilities, that is that it is more likely than not that something occurred. This is the burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a 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.”

What is owing for water?

The landlord claimed $66.19 for water rates up to the end of the tenancy on 22 February 2026. The landlord provided one water invoice for the period 23 January 2026 to 23 February 2026, which was for $157.48, with a credit of $91.29, so coming to $66.19. The tenancy started on 18 June 2025 according to the tenancy agreement. The landlord did not provide a water ledger showing water invoices sent to the tenant and any water rates payments made by the tenant, or any other invoices for water rates that might be appropriate to any such ledger. As there was no water ledger provided by the landlord, it is unclear as to whether the water rates balance between the parties was in credit or debit before the period for the water rates invoice that is claimed. As such, I find the landlord has provided insufficient evidence to prove this claim and so dismiss this claim.

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 landlord said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Cleaning
The landlord provided about 9 photographs before the hearing and a further 6 photographs during the hearing of the condition of the property at the end of the tenancy. The landlord also provided an invoice for cleaning, rubbish removal and gardening work, coming to a total of $862.50, which they claimed. This invoice was broken down with a cost of $460.00 (GST inclusive) for cleaning and $402.50 (GST inclusive) for rubbish removal, disposal and gardening work.
The photographs showed a dirty kitchen sink and bench, with a large pot left in the sink and marks on the bench, a dirty cupboard under the kitchen sink with pots and pans left and grease marks in the cupboard, a dirty oven, grubby toilet, dirty windowsills in the bathroom, laundry and bedroom, dirty shelf in the bedroom wardrobe, dirty marks on the laundry ceiling. From the photographs provided, I find the tenant did not leave the property reasonably clean and tidy at the end of the tenancy. I find the amount claimed by the landlord for cleaning, being $460.00, is reasonable given the evidence. As such, I award the landlord $460.00 for cleaning at the end of the tenancy. Rubbish removal and gardening
The photographs provided in relation to the claim of $402.50 for rubbish removal, disposal and gardening work show a number of items, large and smaller, left inside and outside the property at the end of the tenancy, including pots and pans (inside and outside), hangars, picture, tyre rims, boxes, old broken blinds, shelves, old large cupboard, corrugated plastic roll, keyboard, containers, wood, wooden pallets, plastic shelving unit, mop, plant stand and many other items of rubbish. The photographs also showed a very overgrown lawn and many weeds which had grown high around the property. Given the photographs provided, I find the tenant did not leave the property reasonably clean and tidy, either for cleaning or for rubbish removal and gardening work, and find the amount claimed by the landlord for rubbish removal, disposal and gardening work, being $402.50, is reasonable given the evidence. Therefore, I award the landlord $402.50 for rubbish removal, disposal and gardening work at the end of the tenancy. Compensation – break lease costs
The landlord claimed $552.00 for break lease costs and provided a copy of an invoice they sent to the tenant itemising these costs. One of the costs involved in the break lease invoice was a fee of $150.00 plus GST for a final inspection. I discussed with the landlord why they charged for a final inspection fee when this would need to be completed in any event at the end of the tenancy. The landlord said this cost was passed onto the tenant rather than to the owner, as the tenant left the tenancy early. I do not accept this as a reasonable cost that directly relates to the tenant ending the tenancy early, as the landlord would have carried out a final inspection in any event when the tenancy ended. As such, I remove the final inspection fee of $150.00 plus GST, coming to $172.50, from the landlord’s claim of $552.00, which then comes to $379.50. I award $379.50 to the landlord accordingly for break lease costs incurred as a result of the tenancy finishing early.
The amounts ordered are proved. Filing fee
Because Topline Rentals Limited Mehul Mody has been successful with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5442149 — Cleanliness at 1416 Dominion Road, Mount Roskill, Auckland 1041

At a glance

Tenancy Tribunal case 5442149 — Cleanliness at 1416 Dominion Road, Mount Roskill, Auckland 1041

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

What is owing for water?

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

Dismissed claims

Order

Reasons

What is owing for water?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions