What was the outcome of Tenancy Tribunal case 5109014?

The tribunal order states: Kurt James Balemi must pay Krishna Rani Saha $6,700.00 immediately,

How much money was awarded in case 5109014?

Cleaning: $150.00 awarded to landlord; Rent Arrears: $6,550.00 awarded to landlord

What type of tenancy dispute was case 5109014?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5109014?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11408699-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5109014?

The tribunal order states: Kurt James Balemi must pay Krishna Rani Saha $6,700.00 immediately,

How much money was awarded in case 5109014?

Cleaning: $150.00 awarded to landlord; Rent Arrears: $6,550.00 awarded to landlord

What type of tenancy dispute was case 5109014?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5109014?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11408699-Tenancy_Tribunal_Order.pdf.

Unit/Flat Studio, 15 Spring Grove Street, Spreydon, Tenancy Tribunal Case 5109014 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5109014 — net $6,700.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/11/2024	$6,550.00	Rent arrears to 25/11/2024
Cleaning costs	$150.00	Cleaning costs
Net award	$6,700.00
Total payable by Tenant to Landlord	$6,700.00

The landlord attended the hearing which was held by teleconference on 5 February 2025. The Tribunal was unable to contact the tenant on the contact number provided. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed with the hearing in the tenant’s absence.

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

The tenancy ended on 25 November 2024. The tenancy agreement records the tenancy start date as 14 November 2023; however, the landlord’s rent summary begins from 25 September 2023. The landlord explained that she held the tenancy on hold for the tenant from September 2023 but did not charge rent until the tenant moved in around October 2023, when the agreement was signed. The landlord also admitted there was a delay in her signing the tenancy agreement, which was not done until 11 November 2023.

Although this explanation is somewhat unclear, the tenant has not disputed the rent summary or the landlord’s reasoning. Given that the claim is undefended, I accept the rent arrears claim ($6,550.00) as proved and allow it in full. Groceries purchased for tenant

The landlord claimed reimbursement ($88.73) for shopping done for the tenant. However, under the Residential Tenancies Act 1986 (“RTA”), there is no legal obligation for a tenant to reimburse a landlord for groceries unless expressly agreed upon in writing. There is no evidence of such an agreement. Accordingly, this claim is declined. Cleaning costs

Under section 40(1)(e)(iii) of the RTA, a tenant must leave the premises reasonably clean and tidy at the end of the tenancy.

The landlord has provided photographic evidence showing that: The room was left very untidy, with dishes left everywhere. The shower and kitchen were in an unclean state. The stove/oven was covered in grime, dirt, and bits of food. It appears that no cleaning was carried out at all before the tenant vacated.

The photographic evidence clearly supports the claim that the tenant failed to leave the premises in a reasonably clean and tidy state. Based on this, I allow the landlord’s claim for cleaning costs ($150.00) in full. Compensation for damages (Broken Lopper, Broken Bowl, Stolen Retro Shirt, Broken Garden Tool)

Under section 40(2)(a) of the RTA, a tenant must not intentionally or carelessly damage the premises or chattels provided by the landlord. However, for compensation to be awarded, the landlord must provide evidence that: the items were in good condition at the start of the tenancy, the tenant was responsible for the damage or loss and the damage was beyond fair wear and tear.

In this case, the landlord has not provided any photographs, receipts, or independent verification that these items were damaged or stolen by the tenant. Without clear evidence, the Tribunal cannot establish liability for the claimed damages.

Accordingly, this claim is declined. Filing fee and suppression order

As the landlord’s claims have not been wholly or substantially successful, I decline to order the tenant to reimburse the filing fee and decline to grant suppression of the landlord’s name. No other grounds have been established under section 95 RTA.

Claims and awards in Tenancy Tribunal application 5109014 — net $6,700.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 25/11/2024	$6,550.00	Rent arrears to 25/11/2024
Cleaning costs	$150.00	Cleaning costs
Net award	$6,700.00
Total payable by Tenant to Landlord	$6,700.00

Order

Kurt James Balemi must pay Krishna Rani Saha $6,700.00 immediately, calculated as shown in the table below.
The remaining claims are dismissed.

Reasons

The landlord attended the hearing which was held by teleconference on 5 February 2025. The Tribunal was unable to contact the tenant on the contact number provided. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed with the hearing in the tenant’s absence.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy. Rent arrears
The tenancy ended on 25 November 2024. The tenancy agreement records the tenancy start date as 14 November 2023; however, the landlord’s rent summary begins from 25 September 2023. The landlord explained that she held the tenancy on hold for the tenant from September 2023 but did not charge rent until the tenant moved in around October 2023, when the agreement was signed. The landlord also admitted there was a delay in her signing the tenancy agreement, which was not done until 11 November 2023.
Although this explanation is somewhat unclear, the tenant has not disputed the rent summary or the landlord’s reasoning. Given that the claim is undefended, I accept the rent arrears claim ($6,550.00) as proved and allow it in full. Groceries purchased for tenant
The landlord claimed reimbursement ($88.73) for shopping done for the tenant. However, under the Residential Tenancies Act 1986 (“RTA”), there is no legal obligation for a tenant to reimburse a landlord for groceries unless expressly agreed upon in writing. There is no evidence of such an agreement. Accordingly, this claim is declined. Cleaning costs
Under section 40(1)(e)(iii) of the RTA, a tenant must leave the premises reasonably clean and tidy at the end of the tenancy.
The landlord has provided photographic evidence showing that: The room was left very untidy, with dishes left everywhere. The shower and kitchen were in an unclean state. The stove/oven was covered in grime, dirt, and bits of food. It appears that no cleaning was carried out at all before the tenant vacated.
The photographic evidence clearly supports the claim that the tenant failed to leave the premises in a reasonably clean and tidy state. Based on this, I allow the landlord’s claim for cleaning costs ($150.00) in full. Compensation for damages (Broken Lopper, Broken Bowl, Stolen Retro Shirt, Broken Garden Tool)
Under section 40(2)(a) of the RTA, a tenant must not intentionally or carelessly damage the premises or chattels provided by the landlord. However, for compensation to be awarded, the landlord must provide evidence that: the items were in good condition at the start of the tenancy, the tenant was responsible for the damage or loss and the damage was beyond fair wear and tear.
In this case, the landlord has not provided any photographs, receipts, or independent verification that these items were damaged or stolen by the tenant. Without clear evidence, the Tribunal cannot establish liability for the claimed damages.
Accordingly, this claim is declined. Filing fee and suppression order
As the landlord’s claims have not been wholly or substantially successful, I decline to order the tenant to reimburse the filing fee and decline to grant suppression of the landlord’s name. No other grounds have been established under section 95 RTA.

Tenancy Tribunal case 5109014 — Rent arrears at Unit/Flat Studio, 15 Spring Grove Street, Spreydon,

At a glance

Tenancy Tribunal case 5109014 — Rent arrears at Unit/Flat Studio, 15 Spring Grove Street, Spreydon,

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions