What was the outcome of Tenancy Tribunal case 4951337?

The tribunal order states: Alleisha Saba and Cullum Mahupuku must pay Jaswant Singh $3,511.39

How much money was awarded in case 4951337?

Cleaning: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $140.00 awarded to landlord; Rent Arrears: $3,197.14 awarded to landlord; Rubbish Removal: $337.25 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord

What type of tenancy dispute was case 4951337?

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

Where can I read the official tribunal order for case 4951337?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11130360-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4951337?

The tribunal order states: Alleisha Saba and Cullum Mahupuku must pay Jaswant Singh $3,511.39

How much money was awarded in case 4951337?

Cleaning: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $140.00 awarded to landlord; Rent Arrears: $3,197.14 awarded to landlord; Rubbish Removal: $337.25 awarded to landlord; Rubbish Removal: $150.00 awarded to landlord

What type of tenancy dispute was case 4951337?

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

Where can I read the official tribunal order for case 4951337?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11130360-Tenancy_Tribunal_Order.pdf.

349 High Street, Dannevirke, Dannevirke 4930 Tenancy Tribunal Case 4951337 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 4951337 — net $3,511.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 June 2024	$3,197.14	Rent arrears to 8 June 2024
Lock/key replacement	$140.00	Lock/key replacement
Rubbish removal: dump fees	$337.25	Rubbish removal: dump fees
Rubbish removal: labour	$150.00	Rubbish removal: labour
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,511.39
Total payable by Tenant to Landlord	$3,511.39

The landlord attended the hearing. Mr McIntyre gave evidence as a witness for the landlord. Both tenants were telephoned but they did not answer the calls.

The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord said there was a verbal agreement the tenants would move out and no written notice was given. He said he was driving past the house and saw when the tenants had moved out, and that date was 8 June 2024. In the absence of any better evidence from the tenants I find the last day was 8 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The landlord provided me with photos taken at the end of the tenancy. The house and the section were not left reasonably clean or tidy. There was a lot of rubbish around the section. I have carefully considered the photos and the submissions and allowed an amount that seems reasonable to me. I note that the Tribunal hourly rate for landlord labour is $25 an hour.

The tenants did not return the keys. The cost of changing the locks is proved and allowed.

Should the tenants pay for repairing damage?

There is a claim for repairing damage in the house. The landlord provided a quote for the repair work but completed the work himself. This means the quote is not the best evidence because it gives the costs for someone running a business and does not prove the landlord has actually spent the time and money carrying out repairs. I gave the landlord one last chance during the hearing to provide invoices and prove actual costs, but these were never received. This means the claim for damage is not proved and it is dismissed. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The bond will be refunded to the landlord to reduce the amount of money owed.

The landlord’s claim for exemplary damages – which are like a penalty - was not considered. This is because exemplary damages cannot be ordered because the tenants did not give written notice and for not leaving the property in a reasonable condition.

Claims and awards in Tenancy Tribunal application 4951337 — net $3,511.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 8 June 2024	$3,197.14	Rent arrears to 8 June 2024
Lock/key replacement	$140.00	Lock/key replacement
Rubbish removal: dump fees	$337.25	Rubbish removal: dump fees
Rubbish removal: labour	$150.00	Rubbish removal: labour
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,511.39
Total payable by Tenant to Landlord	$3,511.39

Order

Alleisha Saba and Cullum Mahupuku must pay Jaswant Singh $3,511.39 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $740.00 (5163973-002) to Jaswant Singh immediately.
All other claims are dismissed.

Reasons

The landlord attended the hearing. Mr McIntyre gave evidence as a witness for the landlord. Both tenants were telephoned but they did not answer the calls.
The landlord has applied for rent arrears, compensation, exemplary damages, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The landlord said there was a verbal agreement the tenants would move out and no written notice was given. He said he was driving past the house and saw when the tenants had moved out, and that date was 8 June 2024. In the absence of any better evidence from the tenants I find the last day was 8 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act (RTA).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The landlord provided me with photos taken at the end of the tenancy. The house and the section were not left reasonably clean or tidy. There was a lot of rubbish around the section. I have carefully considered the photos and the submissions and allowed an amount that seems reasonable to me. I note that the Tribunal hourly rate for landlord labour is $25 an hour.
The tenants did not return the keys. The cost of changing the locks is proved and allowed.

Should the tenants pay for repairing damage?

There is a claim for repairing damage in the house. The landlord provided a quote for the repair work but completed the work himself. This means the quote is not the best evidence because it gives the costs for someone running a business and does not prove the landlord has actually spent the time and money carrying out repairs. I gave the landlord one last chance during the hearing to provide invoices and prove actual costs, but these were never received. This means the claim for damage is not proved and it is dismissed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The bond will be refunded to the landlord to reduce the amount of money owed.
The landlord’s claim for exemplary damages – which are like a penalty - was not considered. This is because exemplary damages cannot be ordered because the tenants did not give written notice and for not leaving the property in a reasonable condition.

Tenancy Tribunal case 4951337 — Rent arrears at 349 High Street, Dannevirke, Dannevirke 4930

At a glance

Tenancy Tribunal case 4951337 — Rent arrears at 349 High Street, Dannevirke, Dannevirke 4930

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Should the tenants pay for repairing damage?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Should the tenants pay for repairing damage?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions