What was the outcome of Tenancy Tribunal case 4608129?

The tribunal order states: suppression of the Tenant’s name and identifying details.

How much money was awarded in case 4608129?

Break Lease Fee By Consent: $621.00 awarded to landlord; Cleaning: $207.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $320.50 awarded to landlord; Rent Arrears: $925.71 awarded to landlord; Water Rates: $290.88 awarded to landlord

What type of tenancy dispute was case 4608129?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4608129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9550605-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4608129?

The tribunal order states: suppression of the Tenant’s name and identifying details.

How much money was awarded in case 4608129?

Break Lease Fee By Consent: $621.00 awarded to landlord; Cleaning: $207.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $320.50 awarded to landlord; Rent Arrears: $925.71 awarded to landlord; Water Rates: $290.88 awarded to landlord

What type of tenancy dispute was case 4608129?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 4608129?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9550605-Tenancy_Tribunal_Order.pdf.

70C Great South Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4608129 — Rent arrears

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70C Great South Road, Papakura, Papakura 2110 Tenancy Tribunal Case 4608129 — 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 4608129 — net $2,385.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 March 2023	$925.71	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Water rates	$290.88	7. The Tenant disputed the water rates arrears because they considered they should only pay water rates up to 13 March 2023 not 21 March
Cleaning	$207.00	Cleaning
Break lease fee by consent	$621.00	Break lease fee by consent
Lock replacement by consent	$320.50	Lock replacement by consent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,385.53
Total payable by Tenant to Landlord	$2,385.53

Claims and awards for application 4608129 — net $2,385.53 NZD. Verify on MoJ.

Rent arrears to 21 March 2023

Amount: $925.71
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Water rates

Amount: $290.88
Awarded to: Landlord
Reason: 7. The Tenant disputed the water rates arrears because they considered they should only pay water rates up to 13 March 2023 not 21 March

Cleaning

Amount: $207.00
Awarded to: Landlord
Reason: Cleaning

Break lease fee by consent

Amount: $621.00
Awarded to: Landlord
Reason: Break lease fee by consent

Lock replacement by consent

Amount: $320.50
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

suppression of the Tenant’s name and identifying details.

Karel Casey Purcell and Kentoga Vaelua must pay Southern Suburbs Realty Limited $2,385.53 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. The Tenant, Ms Purcell attended with a support person.
The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The parties agreed for the Tenant to pay the Landlord compensation costs for the break lease fee and lock replacement.
This was a fixed term tenancy from 18 November 2022 to 17 November 2023. The Tenants moved out of the property on 13 March 2023 despite the Landlord agreeing to end the tenancy early on 23 March 2023.

How much is owed for rent and water rates?

The Landlord agreed to end the fixed term tenancy on 23 March 2023. The Landlord provided rent records showing rent arrears and water rates owing to 21 March 2023 which prove the amount owing at the end of the tenancy.
The Tenant disputed the rent stating no arrears were outstanding because they had provided the Landlord with four weeks notice, they moved out on 13 March 2023 and they had paid rent up to that date.
The Tenant disputed the water rates arrears because they considered they should only pay water rates up to 13 March 2023 not 21 March 2023.
In considering the evidence, the Tenants entered into a fixed term tenancy and were therefore unable to end it early by providing four weeks notice. As the Landlord was not agreeable to the 13 March 2023 date of termination, the Tenant is liable for rent arrears and water rates arrears up to the 21 March 2023.

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 tenant did not leave the premises reasonably clean and tidy. The Landlord submitted there were cleaning issues in the family bathroom, kitchen, laundry and toilets which were outlined in an email to the Tenant on 29 March 2023. Photographs, an email outlining the outstanding cleaning issues, an ingoing report dated 16 November 2022 and a cleaning invoice was provided.
The Tenant submitted they cleaned the property as best they could but may have overlooked the oven. They deposed when they initially moved into the house it had excessive dust all over the property. The Tenant’s husband was sensitive to dust and had to sleep elsewhere for three weeks. They notified the previous Property Manager but no action was taken. The Tenant also claimed there was no ingoing inspection report conducted.
In considering the evidence I find the Tenant did not leave the property clean and tidy from the photographs, email correspondence and cleaning invoice provided. The Tenant is obligated to leave the property clean and tidy regardless of whether they found it excessively dusty when moving in.
The amounts ordered are proved.
As Southern Suburbs Realty Limited has wholly succeeded with the claim the Tenant must reimburse 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 4608129 — net $2,385.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 March 2023	$925.71	2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
Water rates	$290.88	7. The Tenant disputed the water rates arrears because they considered they should only pay water rates up to 13 March 2023 not 21 March
Cleaning	$207.00	Cleaning
Break lease fee by consent	$621.00	Break lease fee by consent
Lock replacement by consent	$320.50	Lock replacement by consent
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,385.53
Total payable by Tenant to Landlord	$2,385.53

Claims and awards for application 4608129 — net $2,385.53 NZD. Verify on MoJ.

Rent arrears to 21 March 2023

Amount: $925.71
Awarded to: Landlord
Reason: 2. The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

Water rates

Amount: $290.88
Awarded to: Landlord
Reason: 7. The Tenant disputed the water rates arrears because they considered they should only pay water rates up to 13 March 2023 not 21 March

Cleaning

Amount: $207.00
Awarded to: Landlord
Reason: Cleaning

Break lease fee by consent

Amount: $621.00
Awarded to: Landlord
Reason: Break lease fee by consent

Lock replacement by consent

Amount: $320.50
Awarded to: Landlord

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

suppression of the Tenant’s name and identifying details.

Karel Casey Purcell and Kentoga Vaelua must pay Southern Suburbs Realty Limited $2,385.53 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. The Tenant, Ms Purcell attended with a support person.
The landlord has applied for rent arrears, water rates arrears, compensation and reimbursement of the filing fee following the end of the tenancy.
The parties agreed for the Tenant to pay the Landlord compensation costs for the break lease fee and lock replacement.
This was a fixed term tenancy from 18 November 2022 to 17 November 2023. The Tenants moved out of the property on 13 March 2023 despite the Landlord agreeing to end the tenancy early on 23 March 2023.

How much is owed for rent and water rates?

The Landlord agreed to end the fixed term tenancy on 23 March 2023. The Landlord provided rent records showing rent arrears and water rates owing to 21 March 2023 which prove the amount owing at the end of the tenancy.
The Tenant disputed the rent stating no arrears were outstanding because they had provided the Landlord with four weeks notice, they moved out on 13 March 2023 and they had paid rent up to that date.
The Tenant disputed the water rates arrears because they considered they should only pay water rates up to 13 March 2023 not 21 March 2023.
In considering the evidence, the Tenants entered into a fixed term tenancy and were therefore unable to end it early by providing four weeks notice. As the Landlord was not agreeable to the 13 March 2023 date of termination, the Tenant is liable for rent arrears and water rates arrears up to the 21 March 2023.

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 tenant did not leave the premises reasonably clean and tidy. The Landlord submitted there were cleaning issues in the family bathroom, kitchen, laundry and toilets which were outlined in an email to the Tenant on 29 March 2023. Photographs, an email outlining the outstanding cleaning issues, an ingoing report dated 16 November 2022 and a cleaning invoice was provided.
The Tenant submitted they cleaned the property as best they could but may have overlooked the oven. They deposed when they initially moved into the house it had excessive dust all over the property. The Tenant’s husband was sensitive to dust and had to sleep elsewhere for three weeks. They notified the previous Property Manager but no action was taken. The Tenant also claimed there was no ingoing inspection report conducted.
In considering the evidence I find the Tenant did not leave the property clean and tidy from the photographs, email correspondence and cleaning invoice provided. The Tenant is obligated to leave the property clean and tidy regardless of whether they found it excessively dusty when moving in.
The amounts ordered are proved.
As Southern Suburbs Realty Limited has wholly succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4608129 — Rent arrears at 70C Great South Road, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4608129 — Rent arrears at 70C Great South Road, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions