What was the outcome of Tenancy Tribunal case 5034110?

The tribunal order states: Steven Ferguson must pay Property Brokers Manawatu Limited As Agent For

How much money was awarded in case 5034110?

Cleaning: $670.45 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $215.05 awarded to landlord; Rubbish Removal: $426.12 awarded to landlord

What type of tenancy dispute was case 5034110?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5034110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11284549-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5034110?

The tribunal order states: Steven Ferguson must pay Property Brokers Manawatu Limited As Agent For

How much money was awarded in case 5034110?

Cleaning: $670.45 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $215.05 awarded to landlord; Rubbish Removal: $426.12 awarded to landlord

What type of tenancy dispute was case 5034110?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5034110?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11284549-Tenancy_Tribunal_Order.pdf.

116 Ferguson Street, West End, Palmerston North 4412 Tenancy Tribunal Case 5034110 — Cleanliness

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116 Ferguson Street, West End, Palmerston North 4412 Tenancy Tribunal Case 5034110 — 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 5034110 — net $1,338.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$670.45	Cleaning
Lock/key replacement	$215.05	Lock/key replacement
Rubbish removal	$426.12	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,338.62
Total payable by Tenant to Landlord	$1,338.62

Claims and awards for application 5034110 — net $1,338.62 NZD. Verify on MoJ.

Cleaning

Amount: $670.45
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $215.05
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $426.12
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,338.62

Total payable by Tenant to Landlord

Landlord $1,338.62

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Steven Ferguson must pay Property Brokers Manawatu Limited As Agent For Carole And Dave Hamlin $1,338.62 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by remote teleconference. When a telephone call was made to the tenant, the Tribunal was advised by his son that he was unavailable to take part in the hearing. The hearing proceeded in his absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
Before I consider the specific claims, I begin by noting that as with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. In this case, as it is a landlord application, that means that it is for the landlord to establish their respective claims on “the balance of probabilities”. That means that they must establish that what they are claiming is more likely than not.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely.

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 that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided a helpful and comprehensive collection of exit photographic evidence taken on 16 August 2024.
Unfortunately, no entry inspection photographs were available. The property was initially managed by the owner who did not take any photographs when the tenancy began in 2013. The most recent evidence is from 1 November 2023 when the current property manager took over. The landlord provided further evidence in the form of a cleaning invoice from Fast Forward Services Limited dated 28 August 2024 and an invoice from Waste Management Limited dated 31 August 2024. The photographic evidence clearly showed that the property was left in an appalling state.
On the balance of probabilities, I am satisfied that the tenant breached his obligations by not returning the property to the landlord in a reasonably clean and tidy condition. I am also satisfied that the tenant left behind a significant amount of rubbish which needed to be removed.
The claims for cleaning and rubbish removal are proven.
The landlord further claims that the tenant did not return the keys to the ranch slider and back door. The landlord provided an expense claim from Manawatu Locksmiths dated 16 August 2024. This claim is reasonable and is proven.
The amounts ordered are proved.
Because Property Brokers Manawatu Limited As Agent For Carole And Dave Hamlin has wholly succeeded with the claim I must reimburse 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 5034110 — net $1,338.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$670.45	Cleaning
Lock/key replacement	$215.05	Lock/key replacement
Rubbish removal	$426.12	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,338.62
Total payable by Tenant to Landlord	$1,338.62

Claims and awards for application 5034110 — net $1,338.62 NZD. Verify on MoJ.

Cleaning

Amount: $670.45
Awarded to: Landlord
Reason: Cleaning

Lock/key replacement

Amount: $215.05
Awarded to: Landlord
Reason: Lock/key replacement

Rubbish removal

Amount: $426.12
Awarded to: Landlord
Reason: Rubbish removal

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,338.62

Total payable by Tenant to Landlord

Landlord $1,338.62

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage Rubbish Removal

Order

Steven Ferguson must pay Property Brokers Manawatu Limited As Agent For Carole And Dave Hamlin $1,338.62 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by remote teleconference. When a telephone call was made to the tenant, the Tribunal was advised by his son that he was unavailable to take part in the hearing. The hearing proceeded in his absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
Before I consider the specific claims, I begin by noting that as with any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. In this case, as it is a landlord application, that means that it is for the landlord to establish their respective claims on “the balance of probabilities”. That means that they must establish that what they are claiming is more likely than not.
I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any particular claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely.

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 that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided a helpful and comprehensive collection of exit photographic evidence taken on 16 August 2024.
Unfortunately, no entry inspection photographs were available. The property was initially managed by the owner who did not take any photographs when the tenancy began in 2013. The most recent evidence is from 1 November 2023 when the current property manager took over. The landlord provided further evidence in the form of a cleaning invoice from Fast Forward Services Limited dated 28 August 2024 and an invoice from Waste Management Limited dated 31 August 2024. The photographic evidence clearly showed that the property was left in an appalling state.
On the balance of probabilities, I am satisfied that the tenant breached his obligations by not returning the property to the landlord in a reasonably clean and tidy condition. I am also satisfied that the tenant left behind a significant amount of rubbish which needed to be removed.
The claims for cleaning and rubbish removal are proven.
The landlord further claims that the tenant did not return the keys to the ranch slider and back door. The landlord provided an expense claim from Manawatu Locksmiths dated 16 August 2024. This claim is reasonable and is proven.
The amounts ordered are proved.
Because Property Brokers Manawatu Limited As Agent For Carole And Dave Hamlin has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 5034110 — Cleanliness at 116 Ferguson Street, West End, Palmerston North 4412

At a glance

Tenancy Tribunal case 5034110 — Cleanliness at 116 Ferguson Street, West End, Palmerston North 4412

At a glance

Award balance

Claims & awards

Order

Reasons

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

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