Published tribunal order
Tenancy Tribunal case 5457250 — Rent arrears at Room unit 2, 93 Grey Street, Hamilton East, Hamilton 3216
Decided 1 Jul 2026 · Published 1 Jul 2026 · Application 5457250
- Rent arrears
- Cleanliness
Party names are redacted in the official published order.
Order
- [The tenant/s] must pay 87 Development Limited $2,818.00 immediately, calculated as shown in table below.
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. Mr Nepia was in touch with Tenancy Services yesterday advising he may not be able to attend the hearing as he had a prior engagement. No adjournment was requested.
- I was satisfied adequate service had completed and I continued with the hearing.
- The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. The bond is with the landlord.
- 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 commenced 15 January 2024 and ended on 20 February 2026. 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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
- The RTA does not require the vacated premises to be in an immaculate condition, only in a reasonably clean and tidy state. The Tribunal will also take into account factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. This was evidenced by an invoice for $150.00 and a photo of the bedroom at exit. The evidence provided does not support the full effort invoiced and I award 50% based on the evidenced need.
- The amounts ordered are proved. Filing fee
- Because 87 Development Limited has wholly succeeded with the claim I must reimburse the filing fee.