What was the outcome of Tenancy Tribunal case 5060709?

The tribunal order states: Chrystal leigh Smith and Steven Neil Roberts must pay Najib Property

How much money was awarded in case 5060709?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rent Arrears: $1,214.29 awarded to landlord

What type of tenancy dispute was case 5060709?

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

Where can I read the official tribunal order for case 5060709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11655462-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5060709?

The tribunal order states: Chrystal leigh Smith and Steven Neil Roberts must pay Najib Property

How much money was awarded in case 5060709?

Cleaning: $500.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $650.00 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rent Arrears: $1,214.29 awarded to landlord

What type of tenancy dispute was case 5060709?

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

Where can I read the official tribunal order for case 5060709?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11655462-Tenancy_Tribunal_Order.pdf.

99 Foremans Road, Islington, Christchurch 8042 Tenancy Tribunal Case 5060709 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5060709 — net $691.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 10 October 2024	$1,214.29	Rent arrears (to 10 October 2024
Cleaning	$500.00	Cleaning
Window repairs	$650.00	Window repairs
Electrical fittings replacement/repair	$300.00	Electrical fittings replacement/repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$691.29
Total payable by Tenant to Landlord	$691.29

Chrystal leigh Smith and Steven Neil Roberts must pay Najib Property Management Limited $691.29 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 10 October 2024)$1,214.29 Cleaning$500.00 Window repairs$650.00 Electrical fittings replacement/repair$300.00 Filing fee reimbursement$27.00 Total award$2,691.29 Bond$2,000.00 Total payable by Tenant to Landlord$691.29

The Bond Centre is to pay the bond of $2,000.00 (3308676-006) to Najib Property Management Limited immediately.

Reasons

Both parties attended the hearing.

The tenant, Ms Smith attended with a support person and a witness. Mr Roberts did not attend. He left the premises at some time during the tenancy but there was no formal change to the tenancy agreement and Mr Roberts remains liable as a joint tenant.

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

The only issues the landlord pursued at the hearing were rent arrears, cleaning and rubbish removal ($2,442), window repairs and an electrical repair.

How much is owed for rent?

The tenancy ended on 10 October 2024, but the tenant finished moving on 11 October. The landlord has only claimed rent to 10 October, and Ms Smith accepted that rent was owed. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord seeks $2442. The tenant disputes the claim.

Both parties provided photographs taken on 11 October 2024. I also heard from a witness for Ms Smith who was at the property in a professional capacity on 11 October 2024.

The required standard is “reasonably clean”. It is not pristine, commercially clean or even the standard the landlord may wish to present the premises to another tenant.

The totality of the evidence (including the landlord’s photographs) show that most of the premises were reasonably clean. There were some isolated areas that required extra work and the interior windows needed to be cleaned.

Even if I accept the landlord’s assessment of the condition of the property, the invoice presented is excessive compared to other claims which the Tribunal sees for similar premises. It also includes full exterior washdown and exterior windows; both of which are landlord maintenance items.

There is no breakdown or cost apportionment on the invoice. I award $500 for all cleaning and rubbish removal.

Ms Smith says that she was prevented from going back to the property to pick up the last items which the landlord the disposed of. There is no obligation on a landlord to allow tenants to return after the tenancy has ended.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Ms Smith accepted that a window was broken in bedroom 2 and a light swich was damaged during the tenancy. However, the invoices presented for those items included other work which was not addressed at the hearing. I award $650 for the window repair and $300 for the light switch repair. The amounts ordered are proved.

The landlord did not pursue other claims at the hearing.

As the landlord was partially successful, I award reimbursement of the Tribunal application fee. However, neither party was substantially successful, so I decline the landlord’s request for suppression of its details.

Claims and awards in Tenancy Tribunal application 5060709 — net $691.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 10 October 2024	$1,214.29	Rent arrears (to 10 October 2024
Cleaning	$500.00	Cleaning
Window repairs	$650.00	Window repairs
Electrical fittings replacement/repair	$300.00	Electrical fittings replacement/repair
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$691.29
Total payable by Tenant to Landlord	$691.29

Order

Chrystal leigh Smith and Steven Neil Roberts must pay Najib Property Management Limited $691.29 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears (to 10 October 2024)$1,214.29 Cleaning$500.00 Window repairs$650.00 Electrical fittings replacement/repair$300.00 Filing fee reimbursement$27.00 Total award$2,691.29 Bond$2,000.00 Total payable by Tenant to Landlord$691.29
The Bond Centre is to pay the bond of $2,000.00 (3308676-006) to Najib Property Management Limited immediately.

Reasons

Both parties attended the hearing.
The tenant, Ms Smith attended with a support person and a witness. Mr Roberts did not attend. He left the premises at some time during the tenancy but there was no formal change to the tenancy agreement and Mr Roberts remains liable as a joint tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The only issues the landlord pursued at the hearing were rent arrears, cleaning and rubbish removal ($2,442), window repairs and an electrical repair.

How much is owed for rent?

The tenancy ended on 10 October 2024, but the tenant finished moving on 11 October. The landlord has only claimed rent to 10 October, and Ms Smith accepted that rent was owed. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 landlord claims that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord seeks $2442. The tenant disputes the claim.
Both parties provided photographs taken on 11 October 2024. I also heard from a witness for Ms Smith who was at the property in a professional capacity on 11 October 2024.
The required standard is “reasonably clean”. It is not pristine, commercially clean or even the standard the landlord may wish to present the premises to another tenant.
The totality of the evidence (including the landlord’s photographs) show that most of the premises were reasonably clean. There were some isolated areas that required extra work and the interior windows needed to be cleaned.
Even if I accept the landlord’s assessment of the condition of the property, the invoice presented is excessive compared to other claims which the Tribunal sees for similar premises. It also includes full exterior washdown and exterior windows; both of which are landlord maintenance items.
There is no breakdown or cost apportionment on the invoice. I award $500 for all cleaning and rubbish removal.
Ms Smith says that she was prevented from going back to the property to pick up the last items which the landlord the disposed of. There is no obligation on a landlord to allow tenants to return after the tenancy has ended.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Ms Smith accepted that a window was broken in bedroom 2 and a light swich was damaged during the tenancy. However, the invoices presented for those items included other work which was not addressed at the hearing. I award $650 for the window repair and $300 for the light switch repair. The amounts ordered are proved.
The landlord did not pursue other claims at the hearing.
As the landlord was partially successful, I award reimbursement of the Tribunal application fee. However, neither party was substantially successful, so I decline the landlord’s request for suppression of its details.

Tenancy Tribunal case 5060709 — Rent arrears at 99 Foremans Road, Islington, Christchurch 8042

At a glance

Tenancy Tribunal case 5060709 — Rent arrears at 99 Foremans Road, Islington, Christchurch 8042

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

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?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions