What was the outcome of Tenancy Tribunal case 5007532?

The tribunal order states: Tracey CANNON and Georgia Cannon must pay Patrick Rata Francis Quinn

How much money was awarded in case 5007532?

Cleaning: $529.19 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,060.00 awarded to landlord; Rubbish Removal: $723.00 awarded to landlord

What type of tenancy dispute was case 5007532?

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

Where can I read the official tribunal order for case 5007532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11128402-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5007532?

The tribunal order states: Tracey CANNON and Georgia Cannon must pay Patrick Rata Francis Quinn

How much money was awarded in case 5007532?

Cleaning: $529.19 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $6,060.00 awarded to landlord; Rubbish Removal: $723.00 awarded to landlord

What type of tenancy dispute was case 5007532?

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

Where can I read the official tribunal order for case 5007532?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11128402-Tenancy_Tribunal_Order.pdf.

130 Oakwood Avenue, Balaclava, Dunedin 9011 Tenancy Tribunal Case 5007532 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5007532 — net $5,319.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 November 2024	$6,060.00	Rent arrears to 27 November 2024
Rubbish removal	$723.00	Rubbish removal
Cleaning	$529.19	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,319.19
Total payable by Tenant to Landlord	$5,319.19

Both parties attended the hearing.

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

How much is owed for rent?

The landlord filed their application on 18 September 2024 seeking termination and rent arrears. The tenant vacated the premises on 7 November 2024 without giving the landlord the required 28-days’ notice under section 51(2)(2B) Residential Tenancies Act 1986 (RTA).

The landlord sought rent arrears up to 5 December 2024. I initially understood the landlord’s submission as an application to amend their claim for termination for rent arears to termination for abandonment, which is not permitted. 1 However, upon reviewing the evidence and submissions made by the landlord during the hearing, it is clear that the landlord’s request was actually an application for rent arrears in lieu of notice, which is permitted.

The landlord claims they have not been able to re-tenant the property, due to the state it was left in at the end of the tenancy. A lot of time has been spent by the landlord cleaning and removing rubbish from the property. The landlord also claims that the tenant damaged the carpet, which is in the process of being replaced. The landlord is awaiting the outcome of an insurance claim in respect of the carpet and did not include this in their application. It remains open to the landlord to file a fresh application in respect of the carpet once their insurer advises them whether their claim has been accepted or not.

The landlord provided a rent summary up to 27 November 2024, which calculates rent arrears up to this date as $6,060.00. The landlord did not provide a rent summary recording the arrears up to 5 December 2024.

I find that the tenant breached section 51(2)(2B) RTA by not giving the landlord the required notice to vacate the premises. The landlord’s claim for rent arrears in lieu of notice is granted up to 27 November 2024 for $6,060.00, which is the latest date the rent summary goes up to.

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. 1 McDowell Real Estate Ltd v Haraki TT 11/01869/RO, 2 December 2011, [2011] RTHNZ 41, 2011 WL 13174245.

The landlord provided photographs of the property taken at the beginning of the tenancy, which show it in a very clean and tidy state. The landlord also provided photographs of the property taken at the end of the tenancy, which show significant amounts of rubbish, personal belongings and miscellaneous household items were left by the tenant.

The tenant accepts that they did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The landlord sought compensation of $723.00 for rubbish removal and $529.19 for cleaning. The landlord provided invoices for the hiring and disposing of skip bins, as well as the purchase of cleaning products. The landlord undertook the labour required to remove the rubbish and clean the property themselves. The landlord states they spent one day removing rubbish and two days cleaning the property. Considering the state of the property at the end of the tenancy, I accept the landlord’s evidence on this point.

The tenant did not dispute the amounts sought by the landlord for rubbish removal and cleaning.

The landlord’s claims for compensation for rubbish removal and cleaning are granted in full for $723.00 and $529.19 respectively. Filing fee

Because Patrick Rata Francis Quinn has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 5007532 — net $5,319.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 November 2024	$6,060.00	Rent arrears to 27 November 2024
Rubbish removal	$723.00	Rubbish removal
Cleaning	$529.19	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,319.19
Total payable by Tenant to Landlord	$5,319.19

Order

Tracey CANNON and Georgia Cannon must pay Patrick Rata Francis Quinn $5,319.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,020.00 (6473058-001) to Patrick Rata Francis Quinn immediately.

Reasons

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

How much is owed for rent?

The landlord filed their application on 18 September 2024 seeking termination and rent arrears. The tenant vacated the premises on 7 November 2024 without giving the landlord the required 28-days’ notice under section 51(2)(2B) Residential Tenancies Act 1986 (RTA).
The landlord sought rent arrears up to 5 December 2024. I initially understood the landlord’s submission as an application to amend their claim for termination for rent arears to termination for abandonment, which is not permitted. 1 However, upon reviewing the evidence and submissions made by the landlord during the hearing, it is clear that the landlord’s request was actually an application for rent arrears in lieu of notice, which is permitted.
The landlord claims they have not been able to re-tenant the property, due to the state it was left in at the end of the tenancy. A lot of time has been spent by the landlord cleaning and removing rubbish from the property. The landlord also claims that the tenant damaged the carpet, which is in the process of being replaced. The landlord is awaiting the outcome of an insurance claim in respect of the carpet and did not include this in their application. It remains open to the landlord to file a fresh application in respect of the carpet once their insurer advises them whether their claim has been accepted or not.
The landlord provided a rent summary up to 27 November 2024, which calculates rent arrears up to this date as $6,060.00. The landlord did not provide a rent summary recording the arrears up to 5 December 2024.
I find that the tenant breached section 51(2)(2B) RTA by not giving the landlord the required notice to vacate the premises. The landlord’s claim for rent arrears in lieu of notice is granted up to 27 November 2024 for $6,060.00, which is the latest date the rent summary goes up to.

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. 1 McDowell Real Estate Ltd v Haraki TT 11/01869/RO, 2 December 2011, [2011] RTHNZ 41, 2011 WL 13174245.
The landlord provided photographs of the property taken at the beginning of the tenancy, which show it in a very clean and tidy state. The landlord also provided photographs of the property taken at the end of the tenancy, which show significant amounts of rubbish, personal belongings and miscellaneous household items were left by the tenant.
The tenant accepts that they did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The landlord sought compensation of $723.00 for rubbish removal and $529.19 for cleaning. The landlord provided invoices for the hiring and disposing of skip bins, as well as the purchase of cleaning products. The landlord undertook the labour required to remove the rubbish and clean the property themselves. The landlord states they spent one day removing rubbish and two days cleaning the property. Considering the state of the property at the end of the tenancy, I accept the landlord’s evidence on this point.
The tenant did not dispute the amounts sought by the landlord for rubbish removal and cleaning.
The landlord’s claims for compensation for rubbish removal and cleaning are granted in full for $723.00 and $529.19 respectively. Filing fee
Because Patrick Rata Francis Quinn has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5007532 — Rent arrears at 130 Oakwood Avenue, Balaclava, Dunedin 9011

At a glance

Tenancy Tribunal case 5007532 — Rent arrears at 130 Oakwood Avenue, Balaclava, Dunedin 9011

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions