Tenant Ordered to Pay $2,712.40 for Rent Arrears and Cleaning

__________________________________________________________________________________ 5185332 1

[2025] NZTT 5185332

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Room Suite 712, [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] $2,712.40 immediately, calculated as shown in table below.

Description Landlord Tenant Previous order application 5155473 dated 25/05/2025 $1,722.28 Water rates and gas $263.12 Cleaning and rubbish removal $700.00 Filing fee reimbursement $27.00 Total award $2,712.40 Total payable by Tenant to Landlord $2,712.40

2. The Tribunal Order 5155473 dated 25 February 2025 is incorporated into this order for enforcement purposes.

Reasons:

1. The landlord attended the hearing on 22 May 2025. The tenant did not.

2. The Tribunal made an order in relation to this tenancy on 25 February 2025. In the order, the Tribunal terminated the tenancy and ordered the tenant to pay the landlord $1,722.28 in rent arrears and the filing fee. The landlord gave evidence

__________________________________________________________________________________ 5185332 2

that the order is not under arrangement. Therefore, I have incorporated it into the terms of this order for enforcement purposes at the landlord’s request.

3. The landlord has applied for outstanding water rates and gas invoices, compensation for cleaning and rubbish removal, and reimbursement of the filing fee following the end of the tenancy.

4. As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

WATER & GAS INVOICES

5. The tenancy ended on 26 February 2025.

6. The landlord submitted invoices from the body corporate for water and gas usage up to the end of the tenancy. These invoices prove the tenant owes $263.12 in water and gas.

7. The landlord’s claim for outstanding water and gas is granted for $263.12.

DID THE TENANT COMPLY WITH THEIR OBLIGATIONS AT THE END OF THE TENANCY?

8. 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.1

9. The landlord submitted photographs taken at the end of the tenancy. Large furniture items such as a sofa and bed have been left behind by the tenant. Rubbish, perishable food items and miscellaneous household items have also been left behind. The premises are dirty and have not been cleaned.

10. On the basis of the photographs taken at the end of the tenancy, I find the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.

11. The landlord seeks compensation of $1,610.00 for cleaning and rubbish removal. The landlord submitted a note from “[COMPANY]” for this amount, broken down as follows:

a. Cleaning: $900.00

b. Rubbish removal: $710.00

1 Residential Tenancies Act 1986, section 40(1)(e)(ii) – (v).

__________________________________________________________________________________ 5185332 3

12. The note is not a proper invoice. It does not contain the name and registration number of the supplier, the name and address of the recipient or the total amount of GST charged or a statement that the cost includes GST.

13. The landlord gave evidence that “[COMPANY]” is the owner’s company and the owner completed the cleaning and rubbish removal themselves. I gave the landlord an opportunity to contact the owner to request a proper invoice however, the owner was not able to be contacted during the hearing.

14. In these circumstances, I must order an amount that fairly and reasonably reflects the amount of time most likely spent removing the rubbish and cleaning the premises. I consider $700.00 to be fair and reasonable. In reaching this figure, I have had regard to the fact that large furniture items were left behind by the tenant. I have also had regard to the level of cleanliness of the premises and their size. This was a small, one bedroom apartment.

15. The landlord’s claim for cleaning and rubbish removal is granted for $700.00.

FILING FEE

16. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.

[NAME]

22 May 2025

__________________________________________________________________________________ 5185332 4

Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

__________________________________________________________________________________ 5185332 5

A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: