What was the outcome of Tenancy Tribunal case 5055328?

The tribunal order states: Karen Amanda Johns to pay Wairarapa Property Letting Services Ltd $877.00

How much money was awarded in case 5055328?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $400.00 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 5055328?

The dispute type was not classified.

Where can I read the official tribunal order for case 5055328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11573029-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5055328?

The tribunal order states: Karen Amanda Johns to pay Wairarapa Property Letting Services Ltd $877.00

How much money was awarded in case 5055328?

Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $400.00 awarded to landlord; Lawns and Garden Work: $250.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 5055328?

The dispute type was not classified.

Where can I read the official tribunal order for case 5055328?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11573029-Tenancy_Tribunal_Order.pdf.

28 Coddington Crescent, Masterton, Masterton 5810 Tenancy Tribunal Case 5055328 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 5055328 — net $877.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$400.00	Lawns and Garden work
Garden work	$250.00	Garden work
Rubbish removal	$200.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$877.00
Bond	$1,560.00
Total payable by Tenant to Landlord	$877.00

Order

Karen Amanda Johns to pay Wairarapa Property Letting Services Ltd $877.00 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,560.00 (3407055-011) immediately apportioned as follows: Wairarapa Property Letting Services Ltd: $877.00 Karen Amanda Johns: $683.00

Reasons

The Tribunal must consider an application filed by the landlord.
Both parties appeared at the hearing in Masterton today.

BACKGROUND

The tenancy commenced on 31 December 2021, and ended following notice on 17 September 2024. Various disputes arose at the end of the tenancy.

APPLICANTS CLAIMS

At the hearing, the landlord confirmed their claims are as follows: a. Garden work - $709.00 b. Cleaning garden and dump fees - $250 c. Clearing and rubbish removal from garage - $200 d. Filing fee

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. Tenants obligations at the end of the tenancy
The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided/returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.

ANALYSIS

Claim 1 – Lawn work and dump - $709.00

The landlord states that work needed to be completed at the premises at the end of the tenancy, and an extension was given to 20 September 2024, but when the premises were returned, further work was needed in the gardens, or in this claim the lawns. The landlord refers to a charge for $709.00 for doing the lawns which the landlord says were very overgrown.
The tenant agrees that the gardens were not returned to the landlord reasonably tidy. However the tenants describe the ivy on the fence as prolific, and when they did trim the ivy, they found rubbish such as a washing machine barrel.
I raised with the parties that the charge of $709.00 seemed excessive given the work that would have been needed. The landlord notes that during the tenancy the tenants had the gardens done and that charge was $2,000.00 (the tenant confirmed that is the case). Analysis
The tenant must return the gardens reasonable tidy at the end of the tenancy, and that was not achieved. The landlords should be compensated, but I can only order compensation which is reasonable.
Taking into consideration that this claim is solely for the lawns, in my assessment the amount charged is not reasonable. As I noted at the hearing, the Tribunal is considering claims around garden work very regularly, and to that extent, have a sense of what reasonable commercial rates would be. On balance, I consider an order of $400 would be more representative of a commercial rate to undertake the lawnmowing, and that is ordered. Claim 2 – Garden work dump fees - $250
This claim relates to work to do the gardens (not lawns), the invoice being $250.00
The tenant accepts this claim. Analysis
This claim is ordered by consent. Claim 3 - Clearing and rubbish removal from garage - $200
The landlord seeks compensation of $200.00 to remove rubbish and belongings in the garage, and to dump rubbish. The claim is based on a quotation. The landlord refers to photographs showing assorted goods in the garage.
The tenant agrees that a range of the belongings were hers. The tenants position is that they had told the landlord that the goods were rubbish and that the landlord could dispose of them. Analysis
At the end of the tenancy the tenant must remove all their belongings; the tenant did not do that. The landlord is entitled to remove the goods and dispose of them as in this case. The amount claimed of $200.00 is fair and reasonable, and is ordered in full. Claim 5 – Filing fee
The landlord claims the filing fee. Analysis
The applicant has been mostly successful in their claim before the Tribunal. I find it is reasonable therefore to award the filing fee paid to commence the proceeding in the Tribunal, which is $20.44.

Claims and awards in Tenancy Tribunal application 5055328 — net $877.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lawns and Garden work	$400.00	Lawns and Garden work
Garden work	$250.00	Garden work
Rubbish removal	$200.00	Rubbish removal
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$877.00
Bond	$1,560.00
Total payable by Tenant to Landlord	$877.00

Order

Karen Amanda Johns to pay Wairarapa Property Letting Services Ltd $877.00 from the bond, calculated as shown in table below:
The Bond Centre is to pay the bond of $1,560.00 (3407055-011) immediately apportioned as follows: Wairarapa Property Letting Services Ltd: $877.00 Karen Amanda Johns: $683.00

Reasons

The Tribunal must consider an application filed by the landlord.
Both parties appeared at the hearing in Masterton today.

BACKGROUND

The tenancy commenced on 31 December 2021, and ended following notice on 17 September 2024. Various disputes arose at the end of the tenancy.

APPLICANTS CLAIMS

At the hearing, the landlord confirmed their claims are as follows: a. Garden work - $709.00 b. Cleaning garden and dump fees - $250 c. Clearing and rubbish removal from garage - $200 d. Filing fee

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. Tenants obligations at the end of the tenancy
The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (s45(1)(a)), and there is an equivalent obligation on the tenant to return the premises: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish.
It is important to note that the RTA does not require the premises to be provided/returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.

ANALYSIS

Claim 1 – Lawn work and dump - $709.00

The landlord states that work needed to be completed at the premises at the end of the tenancy, and an extension was given to 20 September 2024, but when the premises were returned, further work was needed in the gardens, or in this claim the lawns. The landlord refers to a charge for $709.00 for doing the lawns which the landlord says were very overgrown.
The tenant agrees that the gardens were not returned to the landlord reasonably tidy. However the tenants describe the ivy on the fence as prolific, and when they did trim the ivy, they found rubbish such as a washing machine barrel.
I raised with the parties that the charge of $709.00 seemed excessive given the work that would have been needed. The landlord notes that during the tenancy the tenants had the gardens done and that charge was $2,000.00 (the tenant confirmed that is the case). Analysis
The tenant must return the gardens reasonable tidy at the end of the tenancy, and that was not achieved. The landlords should be compensated, but I can only order compensation which is reasonable.
Taking into consideration that this claim is solely for the lawns, in my assessment the amount charged is not reasonable. As I noted at the hearing, the Tribunal is considering claims around garden work very regularly, and to that extent, have a sense of what reasonable commercial rates would be. On balance, I consider an order of $400 would be more representative of a commercial rate to undertake the lawnmowing, and that is ordered. Claim 2 – Garden work dump fees - $250
This claim relates to work to do the gardens (not lawns), the invoice being $250.00
The tenant accepts this claim. Analysis
This claim is ordered by consent. Claim 3 - Clearing and rubbish removal from garage - $200
The landlord seeks compensation of $200.00 to remove rubbish and belongings in the garage, and to dump rubbish. The claim is based on a quotation. The landlord refers to photographs showing assorted goods in the garage.
The tenant agrees that a range of the belongings were hers. The tenants position is that they had told the landlord that the goods were rubbish and that the landlord could dispose of them. Analysis
At the end of the tenancy the tenant must remove all their belongings; the tenant did not do that. The landlord is entitled to remove the goods and dispose of them as in this case. The amount claimed of $200.00 is fair and reasonable, and is ordered in full. Claim 5 – Filing fee
The landlord claims the filing fee. Analysis
The applicant has been mostly successful in their claim before the Tribunal. I find it is reasonable therefore to award the filing fee paid to commence the proceeding in the Tribunal, which is $20.44.

Tenancy Tribunal case 5055328 — Tenancy dispute at 28 Coddington Crescent, Masterton, Masterton 5810

At a glance

Tenancy Tribunal case 5055328 — Tenancy dispute at 28 Coddington Crescent, Masterton, Masterton 5810

At a glance

Award balance

Claims & awards

Order

Reasons

BACKGROUND

APPLICANTS CLAIMS

RELEVANT LEGAL CONSIDERATIONS

ANALYSIS

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

BACKGROUND

APPLICANTS CLAIMS

RELEVANT LEGAL CONSIDERATIONS

ANALYSIS

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions