What was the outcome of Tenancy Tribunal case 4808662?

The tribunal order states: Jonathan Dale Rees must pay Rositas Rentals Limited T/As Rosies Rentals

How much money was awarded in case 4808662?

Filing Fee: $20.44 awarded to landlord; Lightbulbs: $34.98 awarded to landlord; Rent Arrears: $3,102.89 awarded to landlord; Water Rates: $359.89 awarded to landlord

What type of tenancy dispute was case 4808662?

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

Where can I read the official tribunal order for case 4808662?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10938765-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4808662?

The tribunal order states: Jonathan Dale Rees must pay Rositas Rentals Limited T/As Rosies Rentals

How much money was awarded in case 4808662?

Filing Fee: $20.44 awarded to landlord; Lightbulbs: $34.98 awarded to landlord; Rent Arrears: $3,102.89 awarded to landlord; Water Rates: $359.89 awarded to landlord

What type of tenancy dispute was case 4808662?

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

Where can I read the official tribunal order for case 4808662?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10938765-Tribunal_Order.pdf.

17A Tuhimata Street, St Heliers, Auckland 1071 Tenancy Tribunal Case 4808662 — Rent arrears

Claims and awards in Tenancy Tribunal application 4808662 — net $3,518.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 February 2024	$3,102.89	Rent arrears to 5 February 2024
Water rates	$359.89	Water rates
Light bulbs/batteries	$34.98	Light bulbs/batteries
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,518.20
Total payable by Tenant to Landlord	$3,518.20

Order

Jonathan Dale Rees must pay Rositas Rentals Limited T/As Rosies Rentals $3,518.20 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was a fixed term tenancy for one year that expired on 9 February 2024. 90 days before the end of the tenancy, the landlord gave the tenant 90 days’ notice. The lawfulness of this notice is not in dispute.
The tenant stated that he had a verbal agreement with the landlord to end the tenancy early on 26 January 2024. The landlord disputes this and points out that the tenant continued to park his car at the premises until early February 2024. The tenant stated that he had a verbal agreement to continue using the parking area for his car. The landlord stated that she received the keys for the premises and conducted the final inspection on 6 February 2024.
In the absence of any written correspondence, I am not persuaded that the tenancy ended any earlier than 5 February 2024, which in itself is four days earlier than the fixed term end date. I determine the tenancy ended on 5 February 2024 and that rent is due up until this date.
The landlord provided a rent summary that sets out that at the end of the tenancy (5 February 2024) $7,002.85 was owed for rent arrears. $3,900.00 has already been claimed through the bond by consent, which leaves $3,102.85 outstanding.
The amount ordered is proved.
The landlord provided water rates invoices for outstanding water rates of $359.89. This is the amount for all water and wastewater charges for the duration of the 12-month tenancy.
The tenant does not dispute the calculated amount, but stated that he should not be liable for the amount because the landlord did not provide invoices during the tenancy despite the tenant requesting them. The landlord says that she did provide invoices at the beginning of the tenancy but stopped providing them when the tenant did not pay them. No written correspondence showing the tenant requested the invoices was provided to the Tribunal. In my view, the amount sought is a moderate amount.
Prima facie, water rates invoices are the tenant’s responsibility and I am not persuaded the tenant should not be liable for them in this case.
The amount ordered is 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 must also replace standard light bulbs.
The landlord claims the tenant did not leave the premises or the carpets reasonably clean and tidy at the end of the tenancy. The landlord provided invoices in support of each of these claims.
The landlord did not provide photographs from the beginning of the tenancy but did provide photographs from the exit inspection. The landlord did not point to any particular photographs in support of her claim that the premises were not left reasonably clean and tidy, or that the carpets were stained more than at the beginning of the tenancy, which the parties both accepted was the case.
A perusal of the photographs satisfies me that the premises were left reasonably clean and tidy at the end of the premises. Nor am I persuaded that the carpets were left in a worse condition than they were at the beginning of the tenancy.
These two claims are not been proved.
The landlord also claims the outside paved area and gardens were not left reasonable tidy. An invoice was produced for 16 hours of gardening and photographs showing an overgrown garden, some garden waste in a bag and some partially weeded paving stones were produced in support of this claim. No photographs from the beginning of the tenancy were produced.
The tenant claims the paving stones were not weeded at the beginning of the tenancy and that the gardens were not his responsibility.
The landlord has not persuaded me that the paving stones or gardens were markedly different at the end of the tenancy to the beginning of the tenancy. This claim is not proved.
The landlord sought compensation for lightbulbs that needed replacing at the end of the tenancy. An invoice in support of the claim was produced. The tenant did not dispute that lightbulbs needed replacing but considered the amount claimed petty.
The claim and the amount are proved. Name suppression
The landlord stated they seek name suppression but did not advance any reason why name suppression was appropriate in the circumstances of this case.
The relevant provisions of the Residential Tenancies Act, 1986 (the “RTA”) to this application are: 95Proceedings usually to be in public (1)Except as provided in subsections (1A) and (2), the proceedings of the Tribunal shall be conducted in public. 95ASuppression orders (1)The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
There is a presumption under section 95 of the RTA that proceedings will be in public and that Tribunal Orders will be published including the parties’ identities. No sensitive issues have been raised in this application or by the applicant when seeking name suppression. Because it is in the public interest that parties’ can be identified, I decline to grant name suppression to the successful applicant.
Because Rositas Rentals Limited T/As Rosies Rentals has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4808662 — net $3,518.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 5 February 2024	$3,102.89	Rent arrears to 5 February 2024
Water rates	$359.89	Water rates
Light bulbs/batteries	$34.98	Light bulbs/batteries
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,518.20
Total payable by Tenant to Landlord	$3,518.20

Order

Jonathan Dale Rees must pay Rositas Rentals Limited T/As Rosies Rentals $3,518.20 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy was a fixed term tenancy for one year that expired on 9 February 2024. 90 days before the end of the tenancy, the landlord gave the tenant 90 days’ notice. The lawfulness of this notice is not in dispute.
The tenant stated that he had a verbal agreement with the landlord to end the tenancy early on 26 January 2024. The landlord disputes this and points out that the tenant continued to park his car at the premises until early February 2024. The tenant stated that he had a verbal agreement to continue using the parking area for his car. The landlord stated that she received the keys for the premises and conducted the final inspection on 6 February 2024.
In the absence of any written correspondence, I am not persuaded that the tenancy ended any earlier than 5 February 2024, which in itself is four days earlier than the fixed term end date. I determine the tenancy ended on 5 February 2024 and that rent is due up until this date.
The landlord provided a rent summary that sets out that at the end of the tenancy (5 February 2024) $7,002.85 was owed for rent arrears. $3,900.00 has already been claimed through the bond by consent, which leaves $3,102.85 outstanding.
The amount ordered is proved.
The landlord provided water rates invoices for outstanding water rates of $359.89. This is the amount for all water and wastewater charges for the duration of the 12-month tenancy.
The tenant does not dispute the calculated amount, but stated that he should not be liable for the amount because the landlord did not provide invoices during the tenancy despite the tenant requesting them. The landlord says that she did provide invoices at the beginning of the tenancy but stopped providing them when the tenant did not pay them. No written correspondence showing the tenant requested the invoices was provided to the Tribunal. In my view, the amount sought is a moderate amount.
Prima facie, water rates invoices are the tenant’s responsibility and I am not persuaded the tenant should not be liable for them in this case.
The amount ordered is 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 must also replace standard light bulbs.
The landlord claims the tenant did not leave the premises or the carpets reasonably clean and tidy at the end of the tenancy. The landlord provided invoices in support of each of these claims.
The landlord did not provide photographs from the beginning of the tenancy but did provide photographs from the exit inspection. The landlord did not point to any particular photographs in support of her claim that the premises were not left reasonably clean and tidy, or that the carpets were stained more than at the beginning of the tenancy, which the parties both accepted was the case.
A perusal of the photographs satisfies me that the premises were left reasonably clean and tidy at the end of the premises. Nor am I persuaded that the carpets were left in a worse condition than they were at the beginning of the tenancy.
These two claims are not been proved.
The landlord also claims the outside paved area and gardens were not left reasonable tidy. An invoice was produced for 16 hours of gardening and photographs showing an overgrown garden, some garden waste in a bag and some partially weeded paving stones were produced in support of this claim. No photographs from the beginning of the tenancy were produced.
The tenant claims the paving stones were not weeded at the beginning of the tenancy and that the gardens were not his responsibility.
The landlord has not persuaded me that the paving stones or gardens were markedly different at the end of the tenancy to the beginning of the tenancy. This claim is not proved.
The landlord sought compensation for lightbulbs that needed replacing at the end of the tenancy. An invoice in support of the claim was produced. The tenant did not dispute that lightbulbs needed replacing but considered the amount claimed petty.
The claim and the amount are proved. Name suppression
The landlord stated they seek name suppression but did not advance any reason why name suppression was appropriate in the circumstances of this case.
The relevant provisions of the Residential Tenancies Act, 1986 (the “RTA”) to this application are: 95Proceedings usually to be in public (1)Except as provided in subsections (1A) and (2), the proceedings of the Tribunal shall be conducted in public. 95ASuppression orders (1)The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
There is a presumption under section 95 of the RTA that proceedings will be in public and that Tribunal Orders will be published including the parties’ identities. No sensitive issues have been raised in this application or by the applicant when seeking name suppression. Because it is in the public interest that parties’ can be identified, I decline to grant name suppression to the successful applicant.
Because Rositas Rentals Limited T/As Rosies Rentals has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4808662 — Rent arrears at 17A Tuhimata Street, St Heliers, Auckland 1071

At a glance

Tenancy Tribunal case 4808662 — Rent arrears at 17A Tuhimata Street, St Heliers, Auckland 1071

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