What was the outcome of Tenancy Tribunal case 5013309?

The tribunal order states: Rachel Pokai must pay CSI Property Management Limited as agent for EAPE

How much money was awarded in case 5013309?

Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $160.00 awarded to landlord; Rent Arrears: $5,721.43 awarded to landlord; Rubbish Removal: $595.30 awarded to landlord; Water Rates: $617.78 awarded to landlord

What type of tenancy dispute was case 5013309?

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

Where can I read the official tribunal order for case 5013309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11126861-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5013309?

The tribunal order states: Rachel Pokai must pay CSI Property Management Limited as agent for EAPE

How much money was awarded in case 5013309?

Cleaning: $250.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $160.00 awarded to landlord; Rent Arrears: $5,721.43 awarded to landlord; Rubbish Removal: $595.30 awarded to landlord; Water Rates: $617.78 awarded to landlord

What type of tenancy dispute was case 5013309?

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

Where can I read the official tribunal order for case 5013309?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11126861-Tenancy_Tribunal_Order.pdf.

27 Lothian Brae, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 5013309 — Rent arrears

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27 Lothian Brae, Wattle Downs, Auckland 2103 Tenancy Tribunal Case 5013309 — 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 5013309 — net $7,371.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 September 2024	$5,721.43	Rent arrears to 4 September 2024
Water rates	$617.78	Water rates
Garage remote replacement	$160.00	Garage remote replacement
Carpet Cleaning	$250.00	Carpet Cleaning
Rubbish removal	$595.30	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,371.51
Total payable by Tenant to Landlord	$7,371.51

Claims and awards for application 5013309 — net $7,371.51 NZD. Verify on MoJ.

Rent arrears to 4 September 2024

Amount: $5,721.43
Awarded to: Landlord
Reason: Rent arrears to 4 September 2024

Water rates

Amount: $617.78
Awarded to: Landlord
Reason: Water rates

Garage remote replacement

Amount: $160.00
Awarded to: Landlord
Reason: Garage remote replacement

Carpet Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $595.30
Awarded to: Landlord
Reason: Rubbish removal

Dismissed claims

Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal Water Rates Cleanliness

Order

Rachel Pokai must pay CSI Property Management Limited as agent for EAPE Properties Ltd $7,371.51 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 4 September 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. Rent arrears are $5,721.43 and outstanding water rates are $617.78. The landlord’s claim for rent arrears and outstanding water rates is granted in full for these amounts.

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.
The landlord claims compensation for the following items: a. Replace garage remote: $160.00 b. Rubbish removal: $595.30 c. General cleaning and carpet cleaning: $759.00
I deal with each matter in turn below. Replace garage remote
The landlord gave evidence that the tenancy address has a double, internal access garage. The landlord states the tenant did not return the garage remote at the end of the tenancy. The landlord provided an invoice for $160.00 to replace the garage remote. The landlord’s claim for compensation is granted in full for this amount. Rubbish removal
The landlord provided photographs of the property taken at the start of the tenancy. There is no rubbish or general household items inside or outside of the property, including the garden shed. In contrast, the photographs taken at the end of the tenancy show rubbish stored in the garden shed and a large trampoline abandoned outside the property. Based on these photographs, I am satisfied that the tenant did not remove all rubbish at the end of the tenancy.
The landlord provided invoices for the hiring of a bin ($319.30) and labour for rubbish removal ($276.00). The landlord’s claim for compensation for rubbish removal is granted in full for a total amount of $595.30. General cleaning and carpet cleaning
The landlord seeks compensation of $759.00 for general cleaning and carpet cleaning. The landlord provided an invoice for this amount.
The landlord provided photographs of the property taken at the end of the tenancy. There is no rubbish or personal belongings inside the property and it appears to have been vacuumed and mopped. The surfaces appear to have been wiped down, and the bathroom and kitchen are clean.
A tenant is not required to leave a property in a pristine condition, only a reasonably clean and tidy one. Based on the photographs taken at the end of the tenancy, I consider that the tenant has complied with their obligations. The landlord’s claim for compensation for general cleaning is dismissed.
The landlord submitted photographs of the carpet taken at the beginning of the tenancy, which show there are no marks present. In contrast, the photographs of the carpet taken at the end of the tenancy show staining to the carpet. In particular, there is a large stain spanning the length of the hallway in the entrance/hallway area. Based on these photographs, I accept the tenant is responsible for staining the carpet and that professional carpet cleaning was required.
The invoice provided by the landlord does not itemise the cost of general cleaning and carpet cleaning. Therefore, I award a nominal amount of $250.00 for carpet cleaning. I consider this sum to be reasonable and in line with the general cost of carpet cleaning that the Tribunal sees with other applications.
The amounts ordered are proved. Filing fee Because CSI Property Management Limited as agent for EAPE Properties Ltd has substantially succeeded with the claim I have reimbursed 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 5013309 — net $7,371.51 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 4 September 2024	$5,721.43	Rent arrears to 4 September 2024
Water rates	$617.78	Water rates
Garage remote replacement	$160.00	Garage remote replacement
Carpet Cleaning	$250.00	Carpet Cleaning
Rubbish removal	$595.30	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$7,371.51
Total payable by Tenant to Landlord	$7,371.51

Claims and awards for application 5013309 — net $7,371.51 NZD. Verify on MoJ.

Rent arrears to 4 September 2024

Amount: $5,721.43
Awarded to: Landlord
Reason: Rent arrears to 4 September 2024

Water rates

Amount: $617.78
Awarded to: Landlord
Reason: Water rates

Garage remote replacement

Amount: $160.00
Awarded to: Landlord
Reason: Garage remote replacement

Carpet Cleaning

Amount: $250.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal

Amount: $595.30
Awarded to: Landlord
Reason: Rubbish removal

Dismissed claims

Cleaning

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rent arrears Rubbish Removal Water Rates Cleanliness

Order

Rachel Pokai must pay CSI Property Management Limited as agent for EAPE Properties Ltd $7,371.51 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, outgoings, compensation, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 4 September 2024. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy. Rent arrears are $5,721.43 and outstanding water rates are $617.78. The landlord’s claim for rent arrears and outstanding water rates is granted in full for these amounts.

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.
The landlord claims compensation for the following items: a. Replace garage remote: $160.00 b. Rubbish removal: $595.30 c. General cleaning and carpet cleaning: $759.00
I deal with each matter in turn below. Replace garage remote
The landlord gave evidence that the tenancy address has a double, internal access garage. The landlord states the tenant did not return the garage remote at the end of the tenancy. The landlord provided an invoice for $160.00 to replace the garage remote. The landlord’s claim for compensation is granted in full for this amount. Rubbish removal
The landlord provided photographs of the property taken at the start of the tenancy. There is no rubbish or general household items inside or outside of the property, including the garden shed. In contrast, the photographs taken at the end of the tenancy show rubbish stored in the garden shed and a large trampoline abandoned outside the property. Based on these photographs, I am satisfied that the tenant did not remove all rubbish at the end of the tenancy.
The landlord provided invoices for the hiring of a bin ($319.30) and labour for rubbish removal ($276.00). The landlord’s claim for compensation for rubbish removal is granted in full for a total amount of $595.30. General cleaning and carpet cleaning
The landlord seeks compensation of $759.00 for general cleaning and carpet cleaning. The landlord provided an invoice for this amount.
The landlord provided photographs of the property taken at the end of the tenancy. There is no rubbish or personal belongings inside the property and it appears to have been vacuumed and mopped. The surfaces appear to have been wiped down, and the bathroom and kitchen are clean.
A tenant is not required to leave a property in a pristine condition, only a reasonably clean and tidy one. Based on the photographs taken at the end of the tenancy, I consider that the tenant has complied with their obligations. The landlord’s claim for compensation for general cleaning is dismissed.
The landlord submitted photographs of the carpet taken at the beginning of the tenancy, which show there are no marks present. In contrast, the photographs of the carpet taken at the end of the tenancy show staining to the carpet. In particular, there is a large stain spanning the length of the hallway in the entrance/hallway area. Based on these photographs, I accept the tenant is responsible for staining the carpet and that professional carpet cleaning was required.
The invoice provided by the landlord does not itemise the cost of general cleaning and carpet cleaning. Therefore, I award a nominal amount of $250.00 for carpet cleaning. I consider this sum to be reasonable and in line with the general cost of carpet cleaning that the Tribunal sees with other applications.
The amounts ordered are proved. Filing fee Because CSI Property Management Limited as agent for EAPE Properties Ltd has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5013309 — Rent arrears at 27 Lothian Brae, Wattle Downs, Auckland 2103

At a glance

Tenancy Tribunal case 5013309 — Rent arrears at 27 Lothian Brae, Wattle Downs, Auckland 2103

At a glance

Award balance

Claims & awards

Dismissed claims

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

Dismissed claims

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