What was the outcome of Tenancy Tribunal case 4596269?

The tribunal order states: Matthew Glyndwr Williams must pay Powell & Co Property Management

How much money was awarded in case 4596269?

Cleaning: $203.55 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,942.86 awarded to landlord

What type of tenancy dispute was case 4596269?

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

Where can I read the official tribunal order for case 4596269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9882629-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4596269?

The tribunal order states: Matthew Glyndwr Williams must pay Powell & Co Property Management

How much money was awarded in case 4596269?

Cleaning: $203.55 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $6,942.86 awarded to landlord

What type of tenancy dispute was case 4596269?

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

Where can I read the official tribunal order for case 4596269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9882629-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 24 Konini Road, Hataitai, Wellington 6021 Tenancy Tribunal Case 4596269 — Rent arrears

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Unit/Flat 2, 24 Konini Road, Hataitai, Wellington 6021 Tenancy Tribunal Case 4596269 — 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 4596269 — net $5,366.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 September 2023	$6,942.86	Rent arrears to 14 September 2023
Cleaning	$203.55	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,366.85
Total payable by Tenant to Landlord	$5,366.85

Claims and awards for application 4596269 — net $5,366.85 NZD. Verify on MoJ.

Rent arrears to 14 September 2023

Amount: $6,942.86
Awarded to: Landlord
Reason: Rent arrears to 14 September 2023

Cleaning

Amount: $203.55
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,366.85

Total payable by Tenant to Landlord

Landlord $5,366.85

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

Matthew Glyndwr Williams must pay Powell & Co Property Management Limited As Agent For Gardiner Smith Family Trust $5,366.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (3518101-023) to Powell & Co Property Management Limited As Agent For Gardiner Smith Family Trust immediately.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing.
The tenant has applied for the reduction of a fixed term tenancy because of a systemic problem with mould. The landlord has applied for the rent owing until new tenants were found, cleaning, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The questions I have to decide are: • Was there a problem with mould at the flat? • How much does the tenant owe?

Was there a problem with mould at the flat?

The tenant moved into the flat in February 2023 and he had a fixed term tenancy due to end in 2024. He submitted that the flat had a severe mould problem. He said this was so bad that he would wipe mould off the window sills, walls and ceilings and it would grow back a few days later. He was very concerned for his health and said the mould made him anxious, and he moved out to rebalance himself. He let the landlord know his concerns about the mould and he said the poor condition of the flat was never addressed and so he moved out.
This is the tenant’s claim to prove. In support of his claim the tenant provided me with nine photos. Two photos show what looks like mould on the ceilings. I have also read the emails to the property manager sent during the tenancy. The landlord also provided me with a copy of the routine inspection done in April and with two photos showing what she describes as mildew arounds two window frames.
I have carefully considered the evidence provided. I only have one clear photo from the tenant showing mould, and this is on one small area of the ceiling. The two photos of the window frames show what I would expect in a single glazed house in the colder months in Wellington. I am not persuaded by the tenant’s evidence that there was a significant mould issue at the flat that made it unsafe for him to live there. This means there are no grounds for me to end the tenancy sooner than 15 September 2023, which is when the new tenants started paying rent. The tenant’s application is dismissed.

How much does the tenant owe?

I find the tenancy ended on 14 September 2023. The landlord provided rent records which prove the amount owing 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.
I have seen photos taken at the end of the tenancy and I find the tenant did not leave the premises reasonably clean and tidy. The amount ordered is proved.
Because the landlord 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 4596269 — net $5,366.85 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 September 2023	$6,942.86	Rent arrears to 14 September 2023
Cleaning	$203.55	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$5,366.85
Total payable by Tenant to Landlord	$5,366.85

Claims and awards for application 4596269 — net $5,366.85 NZD. Verify on MoJ.

Rent arrears to 14 September 2023

Amount: $6,942.86
Awarded to: Landlord
Reason: Rent arrears to 14 September 2023

Cleaning

Amount: $203.55
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $5,366.85

Total payable by Tenant to Landlord

Landlord $5,366.85

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

Matthew Glyndwr Williams must pay Powell & Co Property Management Limited As Agent For Gardiner Smith Family Trust $5,366.85 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (3518101-023) to Powell & Co Property Management Limited As Agent For Gardiner Smith Family Trust immediately.
The tenant’s application is dismissed.

Reasons

Both parties attended the hearing.
The tenant has applied for the reduction of a fixed term tenancy because of a systemic problem with mould. The landlord has applied for the rent owing until new tenants were found, cleaning, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The questions I have to decide are: • Was there a problem with mould at the flat? • How much does the tenant owe?

Was there a problem with mould at the flat?

The tenant moved into the flat in February 2023 and he had a fixed term tenancy due to end in 2024. He submitted that the flat had a severe mould problem. He said this was so bad that he would wipe mould off the window sills, walls and ceilings and it would grow back a few days later. He was very concerned for his health and said the mould made him anxious, and he moved out to rebalance himself. He let the landlord know his concerns about the mould and he said the poor condition of the flat was never addressed and so he moved out.
This is the tenant’s claim to prove. In support of his claim the tenant provided me with nine photos. Two photos show what looks like mould on the ceilings. I have also read the emails to the property manager sent during the tenancy. The landlord also provided me with a copy of the routine inspection done in April and with two photos showing what she describes as mildew arounds two window frames.
I have carefully considered the evidence provided. I only have one clear photo from the tenant showing mould, and this is on one small area of the ceiling. The two photos of the window frames show what I would expect in a single glazed house in the colder months in Wellington. I am not persuaded by the tenant’s evidence that there was a significant mould issue at the flat that made it unsafe for him to live there. This means there are no grounds for me to end the tenancy sooner than 15 September 2023, which is when the new tenants started paying rent. The tenant’s application is dismissed.

How much does the tenant owe?

I find the tenancy ended on 14 September 2023. The landlord provided rent records which prove the amount owing 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.
I have seen photos taken at the end of the tenancy and I find the tenant did not leave the premises reasonably clean and tidy. The amount ordered is proved.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4596269 — Rent arrears at Unit/Flat 2, 24 Konini Road, Hataitai, Wellington 6021

At a glance

Tenancy Tribunal case 4596269 — Rent arrears at Unit/Flat 2, 24 Konini Road, Hataitai, Wellington 6021

At a glance

Award balance

Claims & awards

Order

Reasons

Was there a problem with mould at the flat?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Was there a problem with mould at the flat?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions