What was Tenancy Tribunal case 5449185 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Eves Realty Limited As

How much money was awarded in case 5449185?

Cleaning: $80.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Rent Arrears: $2,903.43 awarded to landlord

What type of tenancy dispute was case 5449185?

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

Where can I read the official tribunal order for case 5449185?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13898137-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5449185 about?

The tribunal order states: [The tenant/s] and [The tenant/s] must pay Eves Realty Limited As

How much money was awarded in case 5449185?

Cleaning: $80.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Lawns and Garden Work: $230.00 awarded to landlord; Rent Arrears: $2,903.43 awarded to landlord

What type of tenancy dispute was case 5449185?

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

Where can I read the official tribunal order for case 5449185?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13898137-Tenancy_Tribunal_Order.pdf.

7 Hawk Place, Selwyn Heights, Rotorua 3015 Tenancy Tribunal Case 5449185 — Rent arrears

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7 Hawk Place, Selwyn Heights, Rotorua 3015 Tenancy Tribunal Case 5449185 — 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 5449185 — net $761.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,903.43	Rent arrears
Cleaning	$80.00	Cleaning
Lawns and Garden work: Green waste	$230.00	Lawns and Garden work: Green waste
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$761.43
Total payable by Tenant to Landlord	$761.43

Claims and awards for application 5449185 — net $761.43 NZD. Verify on MoJ.

Rent arrears

Amount: $2,903.43
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $80.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work: Green waste

Amount: $230.00
Awarded to: Landlord
Reason: Lawns and Garden work: Green waste

Filing fee reimbursement

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

Net award

Landlord $761.43

Total payable by Tenant to Landlord

Landlord $761.43

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears

Order

[The tenant/s] and [The tenant/s] must pay Eves Realty Limited As Agent For Chris Morris $761.43 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,480.00 (3544538-008) to Eves Realty Limited As Agent For Chris Morris immediately.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this 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.”

How much is owed for rent?

The tenancy ended on 10 December 2025 after landlord notice to terminate. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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.
The statutory requirement is that tenants leave the premises in a reasonably clean and reasonably tidy condition. The Residential Tenancies Act 1986 allows for fair wear and tear. A tenant is not required to leave a property spotless or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. A tenant is not required to rigorously clean all walls, ceilings lightshades, skirtings, behind appliances or the outside of the house.
The landlord claimed the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It sought compensation of $455.00 for cleaning, $180.00 for carpet cleaning, and $630.00 for lawns and gardens, including removal of green waste. All three claims were based on invoiced work.
This was a long tenancy of over three years. There were no entry photos to support the entry inspection from 2022 (it reads as much as an exit inspection for the previous tenants).
The invoices were compared to the exit photos. The exit report narrative indicated several issues of concern. Unfortunately for the landlord these are not reflected in the photos taken.
In my view, the house was left reasonably clean, if not better than. I accept there were some areas missed that required further cleaning, but that effort is much less than the invoiced full clean. I have awarded $80.00 towards the cost of cleaning those areas.
The carpet photos were carefully reviewed. The carpet was stained at commencement and noted again as such at exit. A reference to a dog referred to a look rather than any odour. I do not find the carpet cleaning has been proven as a tenant liability at the end of this tenancy and the claim is dismissed.
The outdoors received attention from one contractor. The invoiced effort was in two parts. The first was the removal of green waste and rubbish from around the garage ($) and $400 for lawns, weeding, spraying, blower cleanup and such.
The claim for $230 for removal of the waste was proven. Early routine inspection photos show the external area around the garage as clear. The exit photos evidence the need for action. However, the general exterior presented as in reasonable condition. I am also mindful of the delay between the end of the tenancy and the work (some three weeks) given further growth may be reasonably factored. I dismiss the second claim of $400.00 as unproven. Filing fee
Because Eves Realty Limited As Agent For Chris Morris has substantially succeeded with the claim I have reimbursed the filing fee.

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 5449185 — net $761.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,903.43	Rent arrears
Cleaning	$80.00	Cleaning
Lawns and Garden work: Green waste	$230.00	Lawns and Garden work: Green waste
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$761.43
Total payable by Tenant to Landlord	$761.43

Claims and awards for application 5449185 — net $761.43 NZD. Verify on MoJ.

Rent arrears

Amount: $2,903.43
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $80.00
Awarded to: Landlord
Reason: Cleaning

Lawns and Garden work: Green waste

Amount: $230.00
Awarded to: Landlord
Reason: Lawns and Garden work: Green waste

Filing fee reimbursement

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

Net award

Landlord $761.43

Total payable by Tenant to Landlord

Landlord $761.43

Claim types — money lines allowed on this order

Cleanliness Filing Fee Lawns And Garden Work Rent arrears

Order

[The tenant/s] and [The tenant/s] must pay Eves Realty Limited As Agent For Chris Morris $761.43 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,480.00 (3544538-008) to Eves Realty Limited As Agent For Chris Morris immediately.

Reasons

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this 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.”

How much is owed for rent?

The tenancy ended on 10 December 2025 after landlord notice to terminate. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered.

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.
The statutory requirement is that tenants leave the premises in a reasonably clean and reasonably tidy condition. The Residential Tenancies Act 1986 allows for fair wear and tear. A tenant is not required to leave a property spotless or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. A tenant is not required to rigorously clean all walls, ceilings lightshades, skirtings, behind appliances or the outside of the house.
The landlord claimed the tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. It sought compensation of $455.00 for cleaning, $180.00 for carpet cleaning, and $630.00 for lawns and gardens, including removal of green waste. All three claims were based on invoiced work.
This was a long tenancy of over three years. There were no entry photos to support the entry inspection from 2022 (it reads as much as an exit inspection for the previous tenants).
The invoices were compared to the exit photos. The exit report narrative indicated several issues of concern. Unfortunately for the landlord these are not reflected in the photos taken.
In my view, the house was left reasonably clean, if not better than. I accept there were some areas missed that required further cleaning, but that effort is much less than the invoiced full clean. I have awarded $80.00 towards the cost of cleaning those areas.
The carpet photos were carefully reviewed. The carpet was stained at commencement and noted again as such at exit. A reference to a dog referred to a look rather than any odour. I do not find the carpet cleaning has been proven as a tenant liability at the end of this tenancy and the claim is dismissed.
The outdoors received attention from one contractor. The invoiced effort was in two parts. The first was the removal of green waste and rubbish from around the garage ($) and $400 for lawns, weeding, spraying, blower cleanup and such.
The claim for $230 for removal of the waste was proven. Early routine inspection photos show the external area around the garage as clear. The exit photos evidence the need for action. However, the general exterior presented as in reasonable condition. I am also mindful of the delay between the end of the tenancy and the work (some three weeks) given further growth may be reasonably factored. I dismiss the second claim of $400.00 as unproven. Filing fee
Because Eves Realty Limited As Agent For Chris Morris has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5449185 — Rent arrears at 7 Hawk Place, Selwyn Heights, Rotorua 3015

At a glance

Tenancy Tribunal case 5449185 — Rent arrears at 7 Hawk Place, Selwyn Heights, Rotorua 3015

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

Key findings

Property management

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

Key findings

Property management

Frequently asked questions