What was the outcome of Tenancy Tribunal case 4804799?

The tribunal order states: The tenancy of Chylsea Leewes and Kaya Tango at 24 Randwick Place,

How much money was awarded in case 4804799?

Cleaning: $800.00 awarded to landlord; Cleaning: $685.00 awarded to landlord; Electricity: $584.59 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gas: $632.00 awarded to landlord; Property Damage: $491.00 awarded to landlord; Rent Arrears: $10,000.00 awarded to landlord

What type of tenancy dispute was case 4804799?

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

Where can I read the official tribunal order for case 4804799?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10460304-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4804799?

The tribunal order states: The tenancy of Chylsea Leewes and Kaya Tango at 24 Randwick Place,

How much money was awarded in case 4804799?

Cleaning: $800.00 awarded to landlord; Cleaning: $685.00 awarded to landlord; Electricity: $584.59 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Gas: $632.00 awarded to landlord; Property Damage: $491.00 awarded to landlord; Rent Arrears: $10,000.00 awarded to landlord

What type of tenancy dispute was case 4804799?

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

Where can I read the official tribunal order for case 4804799?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10460304-Tenancy_Tribunal_Order.pdf.

24 Randwick Place, Randwick Park, Auckland 2105 Tenancy Tribunal Case 4804799 — Rent arrears

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24 Randwick Place, Randwick Park, Auckland 2105 Tenancy Tribunal Case 4804799 — 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 4804799 — net $10,813.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$10,000.00	Rent arrears
Gas	$632.00	Gas
Electricity	$584.59	Electricity
Cleaning	$800.00	Cleaning
Cleaning: Curtains	$685.00	Cleaning: Curtains
Lock/key replacement	$491.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,813.03
Total payable by Tenant to Landlord	$10,813.03

Claims and awards for application 4804799 — net $10,813.03 NZD. Verify on MoJ.

Rent arrears

Amount: $10,000.00
Awarded to: Landlord
Reason: Rent arrears

Gas

Amount: $632.00
Awarded to: Landlord
Reason: Gas

Electricity

Amount: $584.59
Awarded to: Landlord
Reason: Electricity

Cleaning

Amount: $800.00
Awarded to: Landlord
Reason: Cleaning

Cleaning: Curtains

Amount: $685.00
Awarded to: Landlord
Reason: Cleaning: Curtains

Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

The tenancy of Chylsea Leewes and Kaya Tango at 24 Randwick Place, Randwick Park, Auckland 2105 is terminated, and possession is granted to Kribendheran Reddy and Imiavali Reddy, immediately.
The Bond Centre is to pay the bond of $2,400.00 (5935936-002) to Kribendheran Reddy and Imiavali Reddy immediately.
Chylsea Leewes and Kaya Tango must pay Kribendheran Reddy and Imiavali Reddy $10,813.03 immediately, being rent arrears to 20 January 2024.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, gas and electricity, compensation, reimbursement of the filing fee and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 20 December 2023, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The Tenant’s neighbour contacted the Landlord on or about 19 December 2023, advising there had been a family violence incident at the property on or about 17 December 2023 and removal trucks attended the property on the 19 December 2023. The Landlord contacted the Tenant on 20 December 2023, asking the Tenant to confirm if they had moved out and there was no response. The Landlord attended the property on or about 20 December 2023 to repair the ranch slider which had smashed as a result of a family violence incident. The Landlord noticed that all of the new furniture, whiteware and everything of value was missing. All that was left behind was rubbish or goods of no value.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
The Landlord claimed for electricity and gas bills and provided invoice to prove these amounts owing.
The amounts ordered are proved.

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 clean the property. They left behind toiletries, food items, rubbish, broken toys and every room required cleaning. There were soiled nappies all over the inside and outside of the house and bags of rubbish full of maggots that appeared as if they had not been emptied in months creating a filthy stench at the property. Photographs were provided of the state of the property at the end of the tenancy. It appeared as if the Tenant had just taken their valuable personal belongings and did not attempt any cleaning. An invoice was provided for the cleaning and the cleaner gave evidence. She submitted that in the extensive time that she had worked as a cleaner, this property was one of the worst to clean. It took her two days to clean.
The Landlord claimed to clean the curtains as they had food marks all over them and some had blood splattered on it. An invoice was provided to substantiate the cleaning. The Landlord submitted the curtains were brand new when the Tenant moved in. Photographs provided showed the curtains were in good condition at the start of the tenancy. There was nothing however to show the dirt on the curtains at the end of the tenancy provided.
The Tenant failed to return the keys at the end of the tenancy. The Landlord had to rekey some doors and provided a locksmith invoice to substantiate the amounts claimed.
The amounts ordered are proved. Sale of furniture
The Landlord also claimed $15,440.00 for the furniture and goods which they had sold to the Tenant at the start of the tenancy. The Tenant was paying this in part instalments and when they vacated, they removed the goods despite a substantial amount outstanding.
The Tribunal does not have jurisdiction to determine this claim so the Landlord may wish to seek compensation in a different Tribunal.
As Kribendheran Reddy, Imiavali Reddy have substantially 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 4804799 — net $10,813.03 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$10,000.00	Rent arrears
Gas	$632.00	Gas
Electricity	$584.59	Electricity
Cleaning	$800.00	Cleaning
Cleaning: Curtains	$685.00	Cleaning: Curtains
Lock/key replacement	$491.00	Lock/key replacement
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$10,813.03
Total payable by Tenant to Landlord	$10,813.03

Claims and awards for application 4804799 — net $10,813.03 NZD. Verify on MoJ.

Rent arrears

Amount: $10,000.00
Awarded to: Landlord
Reason: Rent arrears

Gas

Amount: $632.00
Awarded to: Landlord
Reason: Gas

Electricity

Amount: $584.59
Awarded to: Landlord
Reason: Electricity

Cleaning

Amount: $800.00
Awarded to: Landlord
Reason: Cleaning

Cleaning: Curtains

Amount: $685.00
Awarded to: Landlord
Reason: Cleaning: Curtains

Lock/key replacement

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rent arrears

Order

The tenancy of Chylsea Leewes and Kaya Tango at 24 Randwick Place, Randwick Park, Auckland 2105 is terminated, and possession is granted to Kribendheran Reddy and Imiavali Reddy, immediately.
The Bond Centre is to pay the bond of $2,400.00 (5935936-002) to Kribendheran Reddy and Imiavali Reddy immediately.
Chylsea Leewes and Kaya Tango must pay Kribendheran Reddy and Imiavali Reddy $10,813.03 immediately, being rent arrears to 20 January 2024.

Reasons

Both parties attended the hearing.
The landlord has applied for termination of the tenancy for abandonment, rent arrears, gas and electricity, compensation, reimbursement of the filing fee and refund of the bond.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 20 December 2023, the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The Tenant’s neighbour contacted the Landlord on or about 19 December 2023, advising there had been a family violence incident at the property on or about 17 December 2023 and removal trucks attended the property on the 19 December 2023. The Landlord contacted the Tenant on 20 December 2023, asking the Tenant to confirm if they had moved out and there was no response. The Landlord attended the property on or about 20 December 2023 to repair the ranch slider which had smashed as a result of a family violence incident. The Landlord noticed that all of the new furniture, whiteware and everything of value was missing. All that was left behind was rubbish or goods of no value.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
The Landlord claimed for electricity and gas bills and provided invoice to prove these amounts owing.
The amounts ordered are proved.

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 clean the property. They left behind toiletries, food items, rubbish, broken toys and every room required cleaning. There were soiled nappies all over the inside and outside of the house and bags of rubbish full of maggots that appeared as if they had not been emptied in months creating a filthy stench at the property. Photographs were provided of the state of the property at the end of the tenancy. It appeared as if the Tenant had just taken their valuable personal belongings and did not attempt any cleaning. An invoice was provided for the cleaning and the cleaner gave evidence. She submitted that in the extensive time that she had worked as a cleaner, this property was one of the worst to clean. It took her two days to clean.
The Landlord claimed to clean the curtains as they had food marks all over them and some had blood splattered on it. An invoice was provided to substantiate the cleaning. The Landlord submitted the curtains were brand new when the Tenant moved in. Photographs provided showed the curtains were in good condition at the start of the tenancy. There was nothing however to show the dirt on the curtains at the end of the tenancy provided.
The Tenant failed to return the keys at the end of the tenancy. The Landlord had to rekey some doors and provided a locksmith invoice to substantiate the amounts claimed.
The amounts ordered are proved. Sale of furniture
The Landlord also claimed $15,440.00 for the furniture and goods which they had sold to the Tenant at the start of the tenancy. The Tenant was paying this in part instalments and when they vacated, they removed the goods despite a substantial amount outstanding.
The Tribunal does not have jurisdiction to determine this claim so the Landlord may wish to seek compensation in a different Tribunal.
As Kribendheran Reddy, Imiavali Reddy have substantially succeeded with the claim the Tenant must reimburse the filing fee.

Tenancy Tribunal case 4804799 — Rent arrears at 24 Randwick Place, Randwick Park, Auckland 2105

At a glance

Tenancy Tribunal case 4804799 — Rent arrears at 24 Randwick Place, Randwick Park, Auckland 2105

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions