Published tribunal order
Tenancy Tribunal case 5171131 — Rent arrears at 34 Eastview Road, Glen Innes, Auckland 1072
Decided 18 Jun 2025 · Published 18 Jun 2025 · Application 5171131
Landlord favoured
- Rent arrears
Order
- Herbert Partible Floresca must pay Soulsby Management Services Ltd Acting Agent For Kyw Limited $15,750.23 immediately, calculated as shown in table below.
Reasons
- Only the landlord attended the remote hearing by phone. On Friday 13 June 2025, the tenant requested the face-to-face hearing be converted to a phone hearing as they are based in Hamilton and unable to travel to Auckland for the hearing. The landlord did not object to the tenant’s request.
- On Monday 16 June 2025, after the tenant had confirmed they had a stable internet connection and access to a suitable device, I directed that the matter be converted to a remote hearing using Microsoft Teams.
- On Tuesday 17 June 2025, the parties were emailed a new Notice of Hearing which provided a link to join the Microsoft Teams hearing.
- At the time of the hearing on Wednesday 18 June 2025, neither party joined the hearing via Microsoft Teams. I called the landlord who was connected by phone. Three attempts were made to call the tenant on their only known mobile number. The first two calls did not connect, the third call went to voicemail. I therefore proceeded in the tenant’s absence. Landlord’s application
- Following the end of the tenancy, the landlord has applied for rent arrears, compensation for garden work, rubbish removal and cleaning, and reimbursement of the filing fee.
- The landlord did not seek refund of the bond. The Bond Centre records indicate the bond has been refunded but does not record to whom it was refunded.
- As the landlord did not seek refund of the bond, the bond of $3,120 was not discussed at the hearing. Given that, I have not directed how the bond should be applied. I note that, if the bond has previously been refunded to the landlord, that amount should be deducted from the total awarded to the landlord in this order.
How much is owed for rent?
- The landlord states the tenancy ended on 24 February 2025.
- The landlord filed rent records which prove as at 24 February 2025, the tenant owed $13,945.71 in rent arrears.
- The landlord says the tenant has been making payments of $100 per week towards the rent arrears. The landlord has filed an updated rent summary which shows the landlord has paid $1000 of the debt since 24 February 2025.
- As such, the remaining rent arrears is $12,945.71.
- The amount ordered is proved.
How much is owed for water consumption?
- The landlord filed water invoices which record that as at 24 February 2025, the tenant owed $2,088.31 in unpaid water invoices. The landlord says on 13 March 2025 the tenant made a payment of $60.79, and has filed an updated summary of tenancy invoices recording the payment.
- As such, the remaining unpaid water rates are $2,027.52.
- The amount ordered is proved.
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. Cleaning
- The landlord says the tenant did not leave the premises reasonably clean and tidy. The landlord has provided an invoice from a cleaner dated 10 March 2025 for cleaning ($520), removing mould on walls and bathroom ($120) and pest control ($160). The invoice total, including GST, is $920.
- The landlord seeks compensation for the total amount charged, being $920.
- The landlord filed photographs taken on 2 February 2025. The landlord says they do not have photographs to show the condition of the premises as at 24 February 2025, but say it was in the same state as pictured on 2 February 2025. The landlord says the premises were empty between 2 – 24 February 2025.
- As the tenant did not attend the hearing, and therefore did not challenge the evidence presented by the landlord, I accept the landlord’s evidence that the premises were not reasonably clean and tidy at the end of the tenancy. The photographs taken on 2 February 2025 demonstrate it was not reasonably clean as at that date.
- I note that a tenant is not required to leave a property in an immaculate standard of cleanliness. The standard is what an average, reasonable bystander would consider “reasonably clean” and “reasonably tidy”. A professional cleaner is likely to bring the premises to higher standard than “reasonably clean.” I find an appropriate contribution to the cost of cleaning the premises, to a standard of “reasonably clean” is $250. Rubbish removal
- The landlord says the tenant did not leave the gardens in a reasonably tidy condition and did not remove all rubbish when they vacated the tenancy. The landlord has provided an invoice from a tradesperson dated 19 March 2025 for garden work completed on 5 March 2025, and weeding/spraying and rubbish removal on 13 March 2025. The total amount charged is $1,496.20.
- The landlord seeks compensation for the total amount charged, being $1,496.20.
- The landlord filed photographs taken on 2 or 3 March 2025 which show the gardens and lawns were overgrown. The landlord also filed photographs taken by the tradesperson between 5 and 13 March 2025 showing rubbish left at the property, including a large pile of items in the carport.
- I accept the landlord’s evidence that the tenant left rubbish and furniture at the premises, and that the gardens were not reasonably tidy at the end of the tenancy.
- As with the cleaning, the tenant is not required to leave the gardens in an immaculate condition, and it would be expected that a professional tradesperson would bring them to a standard higher than “reasonably tidy.”
- I find an appropriate contribution to the cost of tidying the garden, and removing the rubbish and items left by the tenant, is $500.
- The amount ordered is proved. Should the tenant reimburse the landlord’s application fee?
- As the landlord has succeeded with the claim the tenant must reimburse the filing fee.