What was the outcome of Tenancy Tribunal case 4767277?

The tribunal order states: Motab Alshammari and Reem Alshammari must pay Just Prestige Properties

How much money was awarded in case 4767277?

Cleaning: $115.00 awarded to landlord; Cleaning: $680.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Fridge Removal: $103.50 awarded to landlord; Property Damage: $135.00 awarded to landlord; Rent Arrears: $5,577.14 awarded to landlord; Water Rates: $205.76 awarded to landlord

What type of tenancy dispute was case 4767277?

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

Where can I read the official tribunal order for case 4767277?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10230076-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4767277?

The tribunal order states: Motab Alshammari and Reem Alshammari must pay Just Prestige Properties

How much money was awarded in case 4767277?

Cleaning: $115.00 awarded to landlord; Cleaning: $680.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Fridge Removal: $103.50 awarded to landlord; Property Damage: $135.00 awarded to landlord; Rent Arrears: $5,577.14 awarded to landlord; Water Rates: $205.76 awarded to landlord

What type of tenancy dispute was case 4767277?

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

Where can I read the official tribunal order for case 4767277?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10230076-Tenancy_Tribunal_Order.pdf.

Unit/Flat D102, 7 Rose Garden Lane, Albany, Auckland Tenancy Tribunal Case 4767277 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4767277 — net $4,276.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at end of tenancy	$5,577.14	Rent arrears as at end of tenancy
Cleaning	$680.00	Cleaning
Water rates	$205.76	Water rates
Lock/key replacement	$135.00	Lock/key replacement
Fridge removal	$103.50	Fridge removal
Carpet Cleaning	$115.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,276.84
Total payable by Tenant to Landlord	$4,276.84

Motab Alshammari and Reem Alshammari must pay Just Prestige Properties Limited As Agent For NZ Rose Garden Development Ltd $4,276.84 immediately, calculated as shown in table below:

The Bond Centre is to pay the bond of $2,560.00 (6478704-008) to Just Prestige Properties Limited As Agent For NZ Rose Garden Development Ltd immediately. DescriptionLandlord Rent arrears as at end of tenancy$5,577.14 Cleaning$680.00 Water rates$205.76 Lock/key replacement$135.00 Fridge removal$103.50 Carpet Cleaning$115.00 Filing fee reimbursement$20.44 Total award$6,836.84 Minus bond- $2,560.00 Total payable by Tenant to Landlord$4,276.84

Reasons

The Tribunal must consider an application filed by the landlord

Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy agreement records that the tenancy commenced on 10 February 2023 as a fixed-term tenancy until 8 February 2024. The landlord is NZ Rose Garden Development Limited by way of an agent, Just Prestige Properties Limited. The two co-tenants are Motab Alshammari and Reem Alshammari.

The landlord states that the tenant left the tenancy, but the landlord was able to contact the tenant by email. The tenancy ended on 31 January 2024, with the new tenant moving in on 1 February.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.

That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT AND WATER ARREARS

The landlord has applied for an order that the tenant pay rent arrears totalling $5,577.14. The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.

The landlord also claims $205.76 in water arrears, being the charges raised by the Body Corporate.

The landlord has established that the tenant is in arrears to the amounts claimed, and that is ordered in full.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.

It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.

On the photographs provided, I am satisfied that the tenants did not return the premises to the landlord reasonably clean. The landlord’s cleaning claim of $680.00, supported by the invoice, is ordered in full.

The landlord has also claimed carpet cleaning costs for staining to carpets (shown on the photograph). The invoiced amount for the carpet cleaning is $115.00. I am satisfied that the carpet was not returned reasonably clean so the tenant is liable for that cost.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.

The tenants had a loan fridge (it was not a chattel). The landlord has claimed $103.50 for work coordinating and facilitating the fridge removal from the premises. Because the tenant was required to remove that fridge at the end of the tenancy, it is fair that the landlord be compensated for work in having the fridge removed.

LOCK AND KEY REPLACEMENT

The landlord has claimed compensation for lock and key replacement. Section 40 of the RTA sets out the tenant’s responsibilities, and that includes that at the end of the tenancy the tenant must “return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for use of the tenant”.

In this case I accept that the tenant did not return the keys for the letter box. The landlord has claimed the locksmith charges for opening the letter box and replacing that lock, to the sum of $135.00. This is ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Claims and awards in Tenancy Tribunal application 4767277 — net $4,276.84 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears as at end of tenancy	$5,577.14	Rent arrears as at end of tenancy
Cleaning	$680.00	Cleaning
Water rates	$205.76	Water rates
Lock/key replacement	$135.00	Lock/key replacement
Fridge removal	$103.50	Fridge removal
Carpet Cleaning	$115.00	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$4,276.84
Total payable by Tenant to Landlord	$4,276.84

Order

Motab Alshammari and Reem Alshammari must pay Just Prestige Properties Limited As Agent For NZ Rose Garden Development Ltd $4,276.84 immediately, calculated as shown in table below:
The Bond Centre is to pay the bond of $2,560.00 (6478704-008) to Just Prestige Properties Limited As Agent For NZ Rose Garden Development Ltd immediately. DescriptionLandlord Rent arrears as at end of tenancy$5,577.14 Cleaning$680.00 Water rates$205.76 Lock/key replacement$135.00 Fridge removal$103.50 Carpet Cleaning$115.00 Filing fee reimbursement$20.44 Total award$6,836.84 Minus bond- $2,560.00 Total payable by Tenant to Landlord$4,276.84

Reasons

The Tribunal must consider an application filed by the landlord
Only the landlord appeared at the hearing. I am satisfied that the tenant has been properly notified of the hearing, and therefore I will proceed to consider the claim in their absence.

BACKGROUND

The tenancy agreement records that the tenancy commenced on 10 February 2023 as a fixed-term tenancy until 8 February 2024. The landlord is NZ Rose Garden Development Limited by way of an agent, Just Prestige Properties Limited. The two co-tenants are Motab Alshammari and Reem Alshammari.
The landlord states that the tenant left the tenancy, but the landlord was able to contact the tenant by email. The tenancy ended on 31 January 2024, with the new tenant moving in on 1 February.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

RENT AND WATER ARREARS

The landlord has applied for an order that the tenant pay rent arrears totalling $5,577.14. The landlord has provided the Tribunal with a rent ledger. I have no reason to consider that record to be incorrect.
The landlord also claims $205.76 in water arrears, being the charges raised by the Body Corporate.
The landlord has established that the tenant is in arrears to the amounts claimed, and that is ordered in full.

CLEANING AND RUBBISH REMOVAL

The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
On the photographs provided, I am satisfied that the tenants did not return the premises to the landlord reasonably clean. The landlord’s cleaning claim of $680.00, supported by the invoice, is ordered in full.
The landlord has also claimed carpet cleaning costs for staining to carpets (shown on the photograph). The invoiced amount for the carpet cleaning is $115.00. I am satisfied that the carpet was not returned reasonably clean so the tenant is liable for that cost.

COMPENSATION

With any claim for compensation, to receive an order the party must incur a loss. In short the compensation is intended as best money can do, to compensate for the actual loss incurred.
The tenants had a loan fridge (it was not a chattel). The landlord has claimed $103.50 for work coordinating and facilitating the fridge removal from the premises. Because the tenant was required to remove that fridge at the end of the tenancy, it is fair that the landlord be compensated for work in having the fridge removed.

LOCK AND KEY REPLACEMENT

The landlord has claimed compensation for lock and key replacement. Section 40 of the RTA sets out the tenant’s responsibilities, and that includes that at the end of the tenancy the tenant must “return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for use of the tenant”.
In this case I accept that the tenant did not return the keys for the letter box. The landlord has claimed the locksmith charges for opening the letter box and replacing that lock, to the sum of $135.00. This is ordered in full.

FILING FEE

Because the applicant has been wholly successful in their application, I must award the filing paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 4767277 — Rent arrears at Unit/Flat D102, 7 Rose Garden Lane, Albany, Auckland

At a glance

Tenancy Tribunal case 4767277 — Rent arrears at Unit/Flat D102, 7 Rose Garden Lane, Albany, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT AND WATER ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

LOCK AND KEY REPLACEMENT

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

RELEVANT LEGAL CONSIDERATIONS

RENT AND WATER ARREARS

CLEANING AND RUBBISH REMOVAL

COMPENSATION

LOCK AND KEY REPLACEMENT

FILING FEE

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions