What was the outcome of Tenancy Tribunal case 4919753?

The tribunal order states: Bassell El Nafeh must pay Tuscancity Property Management Limited As Agent

How much money was awarded in case 4919753?

Cleaning: $287.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $830.00 awarded to landlord

What type of tenancy dispute was case 4919753?

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

Where can I read the official tribunal order for case 4919753?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10601176-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4919753?

The tribunal order states: Bassell El Nafeh must pay Tuscancity Property Management Limited As Agent

How much money was awarded in case 4919753?

Cleaning: $287.50 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $830.00 awarded to landlord

What type of tenancy dispute was case 4919753?

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

Where can I read the official tribunal order for case 4919753?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10601176-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 9, 30 Heather Street, Parnell, Auckland 1052 Tenancy Tribunal Case 4919753 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Unit/Flat Flat 9, 30 Heather Street, Parnell, Auckland 1052 Tenancy Tribunal Case 4919753 — 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 4919753 — net $1,137.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 May 2024	$830.00	Rent arrears to 20 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$287.50	Cleaning
Net award	$1,137.94
Total payable by Tenant to Landlord	$1,137.94

Claims and awards for application 4919753 — net $1,137.94 NZD. Verify on MoJ.

Rent arrears to 20 May 2024

Amount: $830.00
Awarded to: Landlord
Reason: Rent arrears to 20 May 2024

Filing fee reimbursement

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

Cleaning

Amount: $287.50
Awarded to: Landlord
Reason: Cleaning

Net award

Landlord $1,137.94

Total payable by Tenant to Landlord

Landlord $1,137.94

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

Bassell El Nafeh must pay Tuscancity Property Management Limited As Agent For Julian Fordyce & Oana Towning $1,137.94 immediately, being rent arrears to 20 May 2024, compensation for cleaning costs incurred and reimbursement of the filing fee calculated as shown in the table below:

Reasons

The landlord attended the hearing by telephone. The tenant did not attend the hearing. The tenant was given notice of the hearing. The tenant has not communicated with the Tribunal to explain why he would not attend, and the hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation for cleaning costs incurred following the end of the tenancy, and reimbursement of the filing fee.

How much is owed for rent?

The tenancy ended on 20 May 2024. The landlord provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.

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

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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.
The RTA does not require the premises to be 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.
The Tribunal will also take into account factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).
The onus for establishing the claim sits with the person making it. If the landlord is seeking to recover costs for cleaning and rubbish removal, it is the landlord who must prove that the tenant has breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the landlord does not establish a breach to the balance of probability, then their claim will be dismissed.
The landlord provided photographs which he says were taken following the end of the tenancy. The photographs prove that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amounts ordered are proved.
The landlord has wholly succeeded with the claim. Therefore, I 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 4919753 — net $1,137.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 May 2024	$830.00	Rent arrears to 20 May 2024
Filing fee reimbursement	$20.44	Filing fee reimbursement
Cleaning	$287.50	Cleaning
Net award	$1,137.94
Total payable by Tenant to Landlord	$1,137.94

Claims and awards for application 4919753 — net $1,137.94 NZD. Verify on MoJ.

Rent arrears to 20 May 2024

Amount: $830.00
Awarded to: Landlord
Reason: Rent arrears to 20 May 2024

Filing fee reimbursement

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

Cleaning

Amount: $287.50
Awarded to: Landlord
Reason: Cleaning

Net award

Landlord $1,137.94

Total payable by Tenant to Landlord

Landlord $1,137.94

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

Bassell El Nafeh must pay Tuscancity Property Management Limited As Agent For Julian Fordyce & Oana Towning $1,137.94 immediately, being rent arrears to 20 May 2024, compensation for cleaning costs incurred and reimbursement of the filing fee calculated as shown in the table below:

Reasons

The landlord attended the hearing by telephone. The tenant did not attend the hearing. The tenant was given notice of the hearing. The tenant has not communicated with the Tribunal to explain why he would not attend, and the hearing proceeded in his absence.
The landlord has applied for rent arrears, compensation for cleaning costs incurred following the end of the tenancy, and reimbursement of the filing fee.

How much is owed for rent?

The tenancy ended on 20 May 2024. The landlord provided rent records in the form of a rent ledger which prove the amount owing at the end of the tenancy.

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

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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.
The RTA does not require the premises to be 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.
The Tribunal will also take into account factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).
The onus for establishing the claim sits with the person making it. If the landlord is seeking to recover costs for cleaning and rubbish removal, it is the landlord who must prove that the tenant has breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the landlord does not establish a breach to the balance of probability, then their claim will be dismissed.
The landlord provided photographs which he says were taken following the end of the tenancy. The photographs prove that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The amounts ordered are proved.
The landlord has wholly succeeded with the claim. Therefore, I must reimburse the filing fee.

Tenancy Tribunal case 4919753 — Rent arrears at Unit/Flat Flat 9, 30 Heather Street, Parnell, Auckland 1052

At a glance

Tenancy Tribunal case 4919753 — Rent arrears at Unit/Flat Flat 9, 30 Heather Street, Parnell, Auckland 1052

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with his 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?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions