What was the outcome of Tenancy Tribunal case 5139549?

The tribunal order states: Mele (Tacey) Asilika Palu and Nikkoli Michael Manaia must pay Arrow Property

How much money was awarded in case 5139549?

Break Agreement Fee: $872.43 awarded to landlord; Cleaning: $225.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $340.00 awarded to landlord; Rent Arrears: $1,840.00 awarded to landlord; Rubbish Removal: $202.83 awarded to landlord; Water Rates: $84.60 awarded to landlord

What type of tenancy dispute was case 5139549?

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

Where can I read the official tribunal order for case 5139549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11501614-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5139549?

The tribunal order states: Mele (Tacey) Asilika Palu and Nikkoli Michael Manaia must pay Arrow Property

How much money was awarded in case 5139549?

Break Agreement Fee: $872.43 awarded to landlord; Cleaning: $225.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $340.00 awarded to landlord; Rent Arrears: $1,840.00 awarded to landlord; Rubbish Removal: $202.83 awarded to landlord; Water Rates: $84.60 awarded to landlord

What type of tenancy dispute was case 5139549?

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

Where can I read the official tribunal order for case 5139549?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11501614-Tenancy_Tribunal_Order.pdf.

97 Bailey Street, Huntly, Huntly 3700 Tenancy Tribunal Case 5139549 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5139549 — net $3,591.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 November 2024	$1,840.00	Rent arrears to 28 November 2024
Cleaning	$225.00	Cleaning
Lawns and Garden work	$340.00	Lawns and Garden work
Rubbish removal	$202.83	Rubbish removal
Water rates	$84.60	Water rates
Break agreement fee	$872.43	Break agreement fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,591.86
Total payable by Tenant to Landlord	$3,591.86

The tenancy commenced on 24 February 2024 and was for a fixed term ending on 23 February 2025. On 12 October 2024, the tenant advised that they wished to break the agreement, ending the tenancy early. The landlord agreed. The landlord entered a new tenancy on 29 November 2024.

On 20 January 2025, the landlord filed a claim, which was initially set down for an in person hearing at the Huntly Courthouse today 28 February 2024. However, yesterday afternoon, the hearing was changed from in person to remote, and both parties were advised accordingly.

In case the tenant was unable to attend remotely, the Tribunal has also convened at the Huntly Courthouse.

Ms Morris has appeared for the landlord by telephone. Unsuccessful calls were made to both tenants on the phone numbers provided, and neither appeared in person. The matter proceeded in their absence.

The landlord claims: i. Rent arrears to the entering of a new tenancy ($1840), ii. The tenant owes outstanding water rates ($84.60), iii. The tenant has failed to leave the property reasonably clean ($225.00), iv. The tenant has failed to remove all rubbish ($202.83), v. The tenant has failed to leave the lawns and gardens in a reasonable condition ($290 .00 + $90.00), vi. The tenant is liable for reasonable costs associated with re letting the property ($872.43).

In brackets next to each claim is the compensation sought.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”). Rent / water rates/ break lease fee.

Under the fixed term agreement, the tenant was liable for rent until the end of the term or until the landlord entered a new tenancy. The tenant advised they wished to end the fixed term on 12 October 2024. The rent summary shows that they made one further rent payment then stopped.

In their advice to the landlord the tenant stated they would vacate on 15 November 2024. However, the landlord states that the tenant still had possessions at the property and did not return the keys until 27 November 2024.

The landlord entered a new tenancy on 29 November 2024. The rent summary shows that as of that date, rent arrears totalled $4,220.00. On 17 December 2024, the parties agreed to release the bond and apply it to the rent arrears, leaving a balance owing of $1,840.00.

The landlord has produced a water rates invoice for the period 08 August 2024 to 29 November 2024 for $84.60. The amount claimed is for usage only. I am satisfied that the tenant is liable for these charges.

On 22 October 2024, the landlord sent the tenant a breakdown of costs associated with breaking the fixed term tenancy. In addition to liability for the rent until a new tenancy was entered, the landlord also stated that they would claim reasonable costs associated with re letting, including the actual cost of advertising, which in this case was $136.25, and an “Admin” fee equivalent to one weeks rent plus GST. The fee covered processing applications, showing the property to prospective tenants, conducting credit / reference checks, preparing a new agreement, and carrying out inspections. The landlord states the tenant raised no objection.

The landlord states that they showed the property to twelve prospective tenants before entering into a new agreement.

The landlord is legally entitled to claim reasonable costs associated with breaking the fixed term tenancy. Considering the material produced, I am satisfied that the fee claimed is reasonable in the circumstances. Cleaning / rubbish removal / garden and lawn

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) of the Act.

The Act does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, and not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy.

Determining whether the tenant has failed to leave the property reasonably clean and tidy, and remove all rubbish, will involve an objective assessment. The Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The property consists of three bedrooms, an open plan dining / lounge, a kitchen, bathroom, separate toilet, and a garage.

The landlord has produced a pre tenancy check list and photographs showing the property at the commencement of the tenancy, along with photographs of the property’s interior and exterior taken at the end.

Having viewed these photographs, I am satisfied that the tenant failed to leave the interior of the property reasonably clean, the lawns and gardens reasonably tidy, and to remove all rubbish. The amounts claimed are reasonable and awarded in full. Costs

Because Arrow Property Management Limited - As Agent for Caleb & Elysia Russell has wholly succeeded with the claim I must reimburse the filing fee. Name suppression.

No name suppression is sought, and no orders are made.

Claims and awards in Tenancy Tribunal application 5139549 — net $3,591.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 November 2024	$1,840.00	Rent arrears to 28 November 2024
Cleaning	$225.00	Cleaning
Lawns and Garden work	$340.00	Lawns and Garden work
Rubbish removal	$202.83	Rubbish removal
Water rates	$84.60	Water rates
Break agreement fee	$872.43	Break agreement fee
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,591.86
Total payable by Tenant to Landlord	$3,591.86

Order

Mele (Tacey) Asilika Palu and Nikkoli Michael Manaia must pay Arrow Property Management Limited - As Agent for Caleb & Elysia Russell $3,591.86 immediately, calculated as shown in table below.

Reasons

The tenancy commenced on 24 February 2024 and was for a fixed term ending on 23 February 2025. On 12 October 2024, the tenant advised that they wished to break the agreement, ending the tenancy early. The landlord agreed. The landlord entered a new tenancy on 29 November 2024.
On 20 January 2025, the landlord filed a claim, which was initially set down for an in person hearing at the Huntly Courthouse today 28 February 2024. However, yesterday afternoon, the hearing was changed from in person to remote, and both parties were advised accordingly.
In case the tenant was unable to attend remotely, the Tribunal has also convened at the Huntly Courthouse.
Ms Morris has appeared for the landlord by telephone. Unsuccessful calls were made to both tenants on the phone numbers provided, and neither appeared in person. The matter proceeded in their absence.
The landlord claims: i. Rent arrears to the entering of a new tenancy ($1840), ii. The tenant owes outstanding water rates ($84.60), iii. The tenant has failed to leave the property reasonably clean ($225.00), iv. The tenant has failed to remove all rubbish ($202.83), v. The tenant has failed to leave the lawns and gardens in a reasonable condition ($290 .00 + $90.00), vi. The tenant is liable for reasonable costs associated with re letting the property ($872.43).
In brackets next to each claim is the compensation sought.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”). Rent / water rates/ break lease fee.
Under the fixed term agreement, the tenant was liable for rent until the end of the term or until the landlord entered a new tenancy. The tenant advised they wished to end the fixed term on 12 October 2024. The rent summary shows that they made one further rent payment then stopped.
In their advice to the landlord the tenant stated they would vacate on 15 November 2024. However, the landlord states that the tenant still had possessions at the property and did not return the keys until 27 November 2024.
The landlord entered a new tenancy on 29 November 2024. The rent summary shows that as of that date, rent arrears totalled $4,220.00. On 17 December 2024, the parties agreed to release the bond and apply it to the rent arrears, leaving a balance owing of $1,840.00.
The landlord has produced a water rates invoice for the period 08 August 2024 to 29 November 2024 for $84.60. The amount claimed is for usage only. I am satisfied that the tenant is liable for these charges.
On 22 October 2024, the landlord sent the tenant a breakdown of costs associated with breaking the fixed term tenancy. In addition to liability for the rent until a new tenancy was entered, the landlord also stated that they would claim reasonable costs associated with re letting, including the actual cost of advertising, which in this case was $136.25, and an “Admin” fee equivalent to one weeks rent plus GST. The fee covered processing applications, showing the property to prospective tenants, conducting credit / reference checks, preparing a new agreement, and carrying out inspections. The landlord states the tenant raised no objection.
The landlord states that they showed the property to twelve prospective tenants before entering into a new agreement.
The landlord is legally entitled to claim reasonable costs associated with breaking the fixed term tenancy. Considering the material produced, I am satisfied that the fee claimed is reasonable in the circumstances. Cleaning / rubbish removal / garden and lawn
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) of the Act.
The Act does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, and not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy.
Determining whether the tenant has failed to leave the property reasonably clean and tidy, and remove all rubbish, will involve an objective assessment. The Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The property consists of three bedrooms, an open plan dining / lounge, a kitchen, bathroom, separate toilet, and a garage.
The landlord has produced a pre tenancy check list and photographs showing the property at the commencement of the tenancy, along with photographs of the property’s interior and exterior taken at the end.
Having viewed these photographs, I am satisfied that the tenant failed to leave the interior of the property reasonably clean, the lawns and gardens reasonably tidy, and to remove all rubbish. The amounts claimed are reasonable and awarded in full. Costs
Because Arrow Property Management Limited - As Agent for Caleb & Elysia Russell has wholly succeeded with the claim I must reimburse the filing fee. Name suppression.
No name suppression is sought, and no orders are made.

Tenancy Tribunal case 5139549 — Rent arrears at 97 Bailey Street, Huntly, Huntly 3700

At a glance

Tenancy Tribunal case 5139549 — Rent arrears at 97 Bailey Street, Huntly, Huntly 3700

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions