What was the outcome of Tenancy Tribunal case 4944873?

The tribunal order states: Michaela Ormsby must pay Advantage Realty Limited As Agent For Barry Ellis

How much money was awarded in case 4944873?

Cleaning: $233.00 awarded to landlord; Cleaning: $767.05 awarded to landlord; Filing Fee: $27.00 awarded to landlord; MOJ Eviction Warrant Fee: $200.00 awarded to landlord; Previous Order Application 4841502 D…: $2,319.84 awarded to landlord; Property Damage: $262.20 awarded to landlord; Rent Arrears: $914.29 awarded to landlord; Water Rates: $57.80 awarded to landlord

What type of tenancy dispute was case 4944873?

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

Where can I read the official tribunal order for case 4944873?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10996118-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4944873?

The tribunal order states: Michaela Ormsby must pay Advantage Realty Limited As Agent For Barry Ellis

How much money was awarded in case 4944873?

Cleaning: $233.00 awarded to landlord; Cleaning: $767.05 awarded to landlord; Filing Fee: $27.00 awarded to landlord; MOJ Eviction Warrant Fee: $200.00 awarded to landlord; Previous Order Application 4841502 D…: $2,319.84 awarded to landlord; Property Damage: $262.20 awarded to landlord; Rent Arrears: $914.29 awarded to landlord; Water Rates: $57.80 awarded to landlord

What type of tenancy dispute was case 4944873?

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

Where can I read the official tribunal order for case 4944873?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10996118-Tenancy_Tribunal_Order.pdf.

5B Begonia Way, Greerton, Tauranga 3112 Tenancy Tribunal Case 4944873 — Cleanliness

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5B Begonia Way, Greerton, Tauranga 3112 Tenancy Tribunal Case 4944873 — Cleanliness | 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 4944873 — net $4,781.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 June 2024 – 23 June 2024	$914.29	Rent arrears to 14 June 2024 – 23 June 2024
Previous order application 4841502 dated 11/06/2024	$2,319.84	Previous order application 4841502 dated 11/06/2024
Water rates: 14 May -23 June 2024	$57.80	Water rates: 14 May -23 June 2024
MOJ Eviction warrant fee	$200.00	MOJ Eviction warrant fee
Lock/key replacement	$262.20	Lock/key replacement
Carpet Cleaning	$233.00	Carpet Cleaning
Cleaning	$767.05	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,781.18
Total payable by Tenant to Landlord	$4,781.18

Claims and awards for application 4944873 — net $4,781.18 NZD. Verify on MoJ.

Rent arrears to 14 June 2024 – 23 June 2024

Amount: $914.29
Awarded to: Landlord
Reason: Rent arrears to 14 June 2024 – 23 June 2024

Previous order application 4841502 dated 11/06/2024

Amount: $2,319.84
Awarded to: Landlord
Reason: Previous order application 4841502 dated 11/06/2024

Water rates: 14 May -23 June 2024

Amount: $57.80
Awarded to: Landlord
Reason: Water rates: 14 May -23 June 2024

MOJ Eviction warrant fee

Amount: $200.00
Awarded to: Landlord
Reason: MOJ Eviction warrant fee

Lock/key replacement

Amount: $262.20
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Michaela Ormsby must pay Advantage Realty Limited As Agent For Barry Ellis $4,781.18 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing in person.
Despite this being in face-to-face hearing the tenant was telephoned on the phone number provided but the phone call went unanswered.
I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Rent arrears - How much is owed for rent?

The tenancy ended on 13 June 2024 by a termination order by the Tribunal, but the tenant vacated on 23 June 2024. I have therefore awarded rent until 23 June 2024
The landlord provided rent records which prove the amount owing at the end of the tenancy was $914.29 and I make this order.

Water rates - How much is owed for water rates?

The landlord provided the final water rates invoice and I order the amount in full of $57.80. Cleaning and lock replacement

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 and return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”). Cleaning
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 consider 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).
If the landlord is seeking to recover costs for cleaning, 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 tenant did not leave the premises reasonably clean and tidy. The landlord’s evidence was that a. the property was dirty throughout, and no cleaning had been undertaken: b. surfaces and walls were dirty and marked, there appeared to be fly marks and spots on the walls and some food scrap in the sink. c. the carpets were new at the commencement of the tenancy and at the end of the tenancy were dirty and stained. The tenant had a dog in the premises which contributed to the uncleanliness. d. The tenant had cleaned the oven.
I note that the landlord did not provide a pre-inspection report. However, the landlord provided an inspection report from the end of the tenancy, with photographs, and invoices to support the claim.
Carpet cleaning and general cleaning was required. I have awarded: a. Carpet cleaning -$233.00. b. General cleaning - $767.05 Lock and key replacement - $262.20
The tenant did not return the keys. The claim for lock replacement was supported by an invoice. The amount ordered is proved. Filing fee for warrant for eviction - $200.00
I allow the landlord’s claim for the filing fee paid on the warrant for eviction. There is no other recovery mechanism for the landlord to claim this cost. Previous order
On 11 June 2024 the Tribunal made an order relating to this tenancy for rent to 13 June 2024, water rates and the filing fee less the bond. The previous order is incorporated into this order for enforcement purposes. I note the Bond Centre has paid the landlord the bond pursuant to the previous order. Filing fee
Because the landlord has wholly succeeded with the claim I have reimbursed the filing fee. Suppression
The landlord confirmed that name suppression was not sought.

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 4944873 — net $4,781.18 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 June 2024 – 23 June 2024	$914.29	Rent arrears to 14 June 2024 – 23 June 2024
Previous order application 4841502 dated 11/06/2024	$2,319.84	Previous order application 4841502 dated 11/06/2024
Water rates: 14 May -23 June 2024	$57.80	Water rates: 14 May -23 June 2024
MOJ Eviction warrant fee	$200.00	MOJ Eviction warrant fee
Lock/key replacement	$262.20	Lock/key replacement
Carpet Cleaning	$233.00	Carpet Cleaning
Cleaning	$767.05	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$4,781.18
Total payable by Tenant to Landlord	$4,781.18

Claims and awards for application 4944873 — net $4,781.18 NZD. Verify on MoJ.

Rent arrears to 14 June 2024 – 23 June 2024

Amount: $914.29
Awarded to: Landlord
Reason: Rent arrears to 14 June 2024 – 23 June 2024

Previous order application 4841502 dated 11/06/2024

Amount: $2,319.84
Awarded to: Landlord
Reason: Previous order application 4841502 dated 11/06/2024

Water rates: 14 May -23 June 2024

Amount: $57.80
Awarded to: Landlord
Reason: Water rates: 14 May -23 June 2024

MOJ Eviction warrant fee

Amount: $200.00
Awarded to: Landlord
Reason: MOJ Eviction warrant fee

Lock/key replacement

Amount: $262.20
Awarded to: Landlord
Reason

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rent arrears Water Rates

Order

Michaela Ormsby must pay Advantage Realty Limited As Agent For Barry Ellis $4,781.18 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing in person.
Despite this being in face-to-face hearing the tenant was telephoned on the phone number provided but the phone call went unanswered.
I am satisfied the tenant was properly served with notice of the hearing. The hearing proceeded in her absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Rent arrears - How much is owed for rent?

The tenancy ended on 13 June 2024 by a termination order by the Tribunal, but the tenant vacated on 23 June 2024. I have therefore awarded rent until 23 June 2024
The landlord provided rent records which prove the amount owing at the end of the tenancy was $914.29 and I make this order.

Water rates - How much is owed for water rates?

The landlord provided the final water rates invoice and I order the amount in full of $57.80. Cleaning and lock replacement

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 and return all keys. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”). Cleaning
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 consider 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).
If the landlord is seeking to recover costs for cleaning, 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 tenant did not leave the premises reasonably clean and tidy. The landlord’s evidence was that a. the property was dirty throughout, and no cleaning had been undertaken: b. surfaces and walls were dirty and marked, there appeared to be fly marks and spots on the walls and some food scrap in the sink. c. the carpets were new at the commencement of the tenancy and at the end of the tenancy were dirty and stained. The tenant had a dog in the premises which contributed to the uncleanliness. d. The tenant had cleaned the oven.
I note that the landlord did not provide a pre-inspection report. However, the landlord provided an inspection report from the end of the tenancy, with photographs, and invoices to support the claim.
Carpet cleaning and general cleaning was required. I have awarded: a. Carpet cleaning -$233.00. b. General cleaning - $767.05 Lock and key replacement - $262.20
The tenant did not return the keys. The claim for lock replacement was supported by an invoice. The amount ordered is proved. Filing fee for warrant for eviction - $200.00
I allow the landlord’s claim for the filing fee paid on the warrant for eviction. There is no other recovery mechanism for the landlord to claim this cost. Previous order
On 11 June 2024 the Tribunal made an order relating to this tenancy for rent to 13 June 2024, water rates and the filing fee less the bond. The previous order is incorporated into this order for enforcement purposes. I note the Bond Centre has paid the landlord the bond pursuant to the previous order. Filing fee
Because the landlord has wholly succeeded with the claim I have reimbursed the filing fee. Suppression
The landlord confirmed that name suppression was not sought.

Tenancy Tribunal case 4944873 — Cleanliness at 5B Begonia Way, Greerton, Tauranga 3112

At a glance

Tenancy Tribunal case 4944873 — Cleanliness at 5B Begonia Way, Greerton, Tauranga 3112

At a glance

Award balance

Claims & awards

Order

Reasons

Rent arrears - How much is owed for rent?

Water rates - How much is owed for 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

Rent arrears - How much is owed for rent?

Water rates - How much is owed for 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