What was the outcome of Tenancy Tribunal case 5192231?

The tribunal order states: Natasha Michelle Roberts must pay Regent Realty Limited - As Agent For

How much money was awarded in case 5192231?

Cleaning: $220.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $120.00 awarded to landlord; Owner Labour: $345.00 awarded to landlord; Replace Furnishings: Curtain Rail: $4.78 awarded to landlord; Rubbish Removal: $534.00 awarded to landlord

What type of tenancy dispute was case 5192231?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5192231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12049930-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5192231?

The tribunal order states: Natasha Michelle Roberts must pay Regent Realty Limited - As Agent For

How much money was awarded in case 5192231?

Cleaning: $220.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $120.00 awarded to landlord; Owner Labour: $345.00 awarded to landlord; Replace Furnishings: Curtain Rail: $4.78 awarded to landlord; Rubbish Removal: $534.00 awarded to landlord

What type of tenancy dispute was case 5192231?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5192231?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12049930-Tenancy_Tribunal_Order.pdf.

74A Geddis Avenue, Maraenui, Napier 4110 Tenancy Tribunal Case 5192231 — Cleanliness

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74A Geddis Avenue, Maraenui, Napier 4110 Tenancy Tribunal Case 5192231 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5192231 — net $1,250.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning: per invoice	$220.00	Carpet Cleaning: per invoice
Rubbish removal: per invoice	$534.00	Rubbish removal: per invoice
Replace furnishings: Curtain rail	$4.78	Replace furnishings: Curtain rail
Lock/key replacement: per invoice	$120.00	Lock/key replacement: per invoice
Owner labour	$345.00	Owner labour
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,250.78
Total payable by Tenant to Landlord	$1,250.78

Claims and awards for application 5192231 — net $1,250.78 NZD. Verify on MoJ.

Carpet Cleaning: per invoice

Amount: $220.00
Awarded to: Landlord
Reason: Carpet Cleaning: per invoice

Rubbish removal: per invoice

Amount: $534.00
Awarded to: Landlord
Reason: Rubbish removal: per invoice

Replace furnishings: Curtain rail

Amount: $4.78
Awarded to: Landlord
Reason: Replace furnishings: Curtain rail

Lock/key replacement: per invoice

Amount: $120.00
Awarded to: Landlord
Reason: Lock/key replacement: per invoice

Owner labour

Amount: $345.00
Awarded to: Landlord
Reason: Owner labour

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Natasha Michelle Roberts must pay Regent Realty Limited - As Agent For Michael & Neryssa Paynter $1,250.78 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, set down to be conducted via video. Two calls to the tenant went unanswered. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy was ended by Tribunal order. That order also ordered rent arrears and the release of the bond to the landlord. That order is under enforcement.

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 (“RTA”). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The carpets were dirty. An invoice for $220.00 established the cost of carpet cleaning, photos evidenced the need.
A large amount of rubbish and abandoned items had to be removed into a skip. The cost of the skip was $534.00 (per the invoice). The rubbish did not find its own way to the skip and the owners did that, as well as clean the premises. The landlord submitted the owners had recorded 11.5 hours effort. I have no hesitation in considering that very reasonable and award that at an hourly rate of $30.00. Totalling $345.00.
The tenant did not return the keys. A locksmith invoice of $120.00 confirmed the cost to resolve this.
A curtain railing was missing was missing at the end of the tenancy. It was replaced at a cost of $4.78.
The amounts ordered are proved.

Did the tenant commit an unlawful act in not vacating when the tenancy ended?

Regent Realty Limited - As Agent For Michael & Neryssa Paynter claims the tenant did not vacate the premises on 20 February 2025. The date the tenancy ended.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenancy was ordered terminated on 20 February 2025. This was by an order two days earlier (18 February 2025).
I understand the owner frustration, but the tenant left on the date as ordered. The failure to leave it in reasonable condition is addressed through compensation. No exemplary damages apply for such a failure (see s 40(1)(e)(ii-iv) RTA.
There are no grounds for an order of exemplary damages and the claim is dismissed. Filing fee
Because Regent Realty Limited - As Agent For Michael & Neryssa Paynter has substantially succeeded with the claim I have reimbursed the filing fee.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5192231 — net $1,250.78 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning: per invoice	$220.00	Carpet Cleaning: per invoice
Rubbish removal: per invoice	$534.00	Rubbish removal: per invoice
Replace furnishings: Curtain rail	$4.78	Replace furnishings: Curtain rail
Lock/key replacement: per invoice	$120.00	Lock/key replacement: per invoice
Owner labour	$345.00	Owner labour
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,250.78
Total payable by Tenant to Landlord	$1,250.78

Claims and awards for application 5192231 — net $1,250.78 NZD. Verify on MoJ.

Carpet Cleaning: per invoice

Amount: $220.00
Awarded to: Landlord
Reason: Carpet Cleaning: per invoice

Rubbish removal: per invoice

Amount: $534.00
Awarded to: Landlord
Reason: Rubbish removal: per invoice

Replace furnishings: Curtain rail

Amount: $4.78
Awarded to: Landlord
Reason: Replace furnishings: Curtain rail

Lock/key replacement: per invoice

Amount: $120.00
Awarded to: Landlord
Reason: Lock/key replacement: per invoice

Owner labour

Amount: $345.00
Awarded to: Landlord
Reason: Owner labour

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Natasha Michelle Roberts must pay Regent Realty Limited - As Agent For Michael & Neryssa Paynter $1,250.78 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing, set down to be conducted via video. Two calls to the tenant went unanswered. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy was ended by Tribunal order. That order also ordered rent arrears and the release of the bond to the landlord. That order is under enforcement.

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 (“RTA”). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
The carpets were dirty. An invoice for $220.00 established the cost of carpet cleaning, photos evidenced the need.
A large amount of rubbish and abandoned items had to be removed into a skip. The cost of the skip was $534.00 (per the invoice). The rubbish did not find its own way to the skip and the owners did that, as well as clean the premises. The landlord submitted the owners had recorded 11.5 hours effort. I have no hesitation in considering that very reasonable and award that at an hourly rate of $30.00. Totalling $345.00.
The tenant did not return the keys. A locksmith invoice of $120.00 confirmed the cost to resolve this.
A curtain railing was missing was missing at the end of the tenancy. It was replaced at a cost of $4.78.
The amounts ordered are proved.

Did the tenant commit an unlawful act in not vacating when the tenancy ended?

Regent Realty Limited - As Agent For Michael & Neryssa Paynter claims the tenant did not vacate the premises on 20 February 2025. The date the tenancy ended.
A tenant must vacate the premises on the termination of the tenancy. See section 40(1)(e)(i) of the Residential Tenancies Act 1986.
Breaching this obligation without reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,500.00. See section 40(3A)(a) and Schedule 1A Residential Tenancies Act 1986.
The tenancy was ordered terminated on 20 February 2025. This was by an order two days earlier (18 February 2025).
I understand the owner frustration, but the tenant left on the date as ordered. The failure to leave it in reasonable condition is addressed through compensation. No exemplary damages apply for such a failure (see s 40(1)(e)(ii-iv) RTA.
There are no grounds for an order of exemplary damages and the claim is dismissed. Filing fee
Because Regent Realty Limited - As Agent For Michael & Neryssa Paynter has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5192231 — Cleanliness at 74A Geddis Avenue, Maraenui, Napier 4110

At a glance

Tenancy Tribunal case 5192231 — Cleanliness at 74A Geddis Avenue, Maraenui, Napier 4110

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Did the tenant commit an unlawful act in not vacating when the tenancy ended?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Did the tenant commit an unlawful act in not vacating when the tenancy ended?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions