What was the outcome of Tenancy Tribunal case 5033848?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5033848?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5033848?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness.

Where can I read the official tribunal order for case 5033848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11485072-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5033848?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5033848?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5033848?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness.

Where can I read the official tribunal order for case 5033848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11485072-Tenancy_Tribunal_Order.pdf.

3 Taha Road, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 5033848 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

Reasons

Mr Jiang, representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 190, was called, with no response. As the tenant was served, the hearing proceeded in their absence.

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

How much is owed for rent and water rates?

The tenancy ended on 8 September 2024, according to the landlord. The landlord said they took over the property management for the tenancy from another company just before the tenancy ended. The landlord first claimed $670.00 in rent arrears in their application. They provided a rent summary that showed $670.00 rent arrears to 29 August 2024, from an earlier property management company. However, during the hearing, the landlord amended the rent arrears claim to $1,754.29 up to 8 September 2024, the end of the tenancy. There were other figures put forward by the landlord for rent arrears owing by the tenants that were different, including an amount of $1,084.29. The landlord acknowledged they did not provide a rent summary covering the tenancy up to the end of the tenancy, only the rent summary from the earlier property management company, which did not cover the whole tenancy. As such, due to insufficient evidence, the landlord has not proved their claim. Therefore, the claim for rent arrears is dismissed.

The landlord initially claimed $906.32 in their application for water rates. The landlord only provided one water invoice for the period 29 July 2024 to 28 August 2024, but not for any other periods during the tenancy. The landlord initially provided an internal ledger that showed the tenant owed $906.32 for water. However, during the hearing, the landlord amended their water rates claim to $1,270.05 up to the end of the tenancy but did not provide any evidence to support this claim. Due to insufficient evidence, the landlord’s claim for water rates from the tenant is therefore dismissed.

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 said the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

The landlord provided some pages of an Ingoing Inspection Report dated 24 August 2021 with typed comments, but the copy of the Ingoing Inspection Report provided before the hearing did not contain any photographs of the property’s condition at the start of the tenancy.

The landlord provided some separate photographs which they said were taken on 9 September 2024, the day after the tenancy ended. These photographs show some rubbish in the basement of the property, mainly old boxes, a few other rubbish items, a dirty oven, dirty shower floor and carpet stains on a stairs carpet, amongst other things.

The landlord provided an invoice for $1,334.00, which included $780.00 (exclusive of GST) for cleaning services, $100.00 (exclusive of GST) for carpet cleaning and $280.00 (exclusive of GST) for removing and disposing of rubbish.

The landlord said it took the cleaning company one day to clean the property and another day to clean the carpet and remove the rubbish, for a total of 2 days’ work. If one day of cleaning amounted to $780.00 exclusive of GST, then this would result in an hourly rate of $780.00 divided by 8 hours = $97.50 exclusive of GST, which I pointed out to Mr Jiang, as being very excessive. He then thought that perhaps the cleaning and carpet cleaning were done over the 2 days, which would lead to a lower hourly rate of $55.00/hour, and that the $280.00 that the invoice said was for removing and disposing of rubbish, was just the rubbish disposal fee. It was clear the landlord did not understand the breakdown of the invoice, as requested for each claim.

I accept there was likely some rubbish removal and some cleaning required at the property at the end of the tenancy. However, I find that, as there were no entry photographs provided, and the cost of the cleaning, carpet cleaning and rubbish removal was far from being proved by the landlord, there was insufficient evidence provided by the landlord to prove the claims for cleaning, carpet cleaning and rubbish removal. Therefore, I dismiss this claim.

Further complicating matters, the landlord said they received the full bond of $2,600.00 on 20 September 2024, which the landlord said the tenant consented for them to have to cover rent arrears and other invoices. There was no evidence provided about what the bond of $2,600.00 might have already covered in relation to rent arrears and other invoices versus what the landlord was claiming in this application. From the landlord’s evidence, I find it likely that the parties agreed the bond would cover rent arrears and other invoices. This might be why the tenant did not attend the hearing. Despite this, I note the landlord has provided insufficient evidence for the claims, though and so all claims are dismissed. Filing fee

As the claims are dismissed, I do not award the landlord the filing fee.

Reasons

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

How much is owed for rent and water rates?

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

The landlord said the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

As the claims are dismissed, I do not award the landlord the filing fee.

Tenancy Tribunal case 5033848 — Rent arrears at 3 Taha Road, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 5033848 — Rent arrears at 3 Taha Road, Te Atatu South, Auckland 0610

At a glance

Claims & awards

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

Claims & awards

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