What was Tenancy Tribunal case 4581329 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4581329?

Cleaning: $206.00 awarded to landlord; Lawns and Garden Work: $40.00 awarded to landlord; Rubbish Removal: $120.00 awarded to landlord

What type of tenancy dispute was case 4581329?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4581329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9437670-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4581329 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4581329?

Cleaning: $206.00 awarded to landlord; Lawns and Garden Work: $40.00 awarded to landlord; Rubbish Removal: $120.00 awarded to landlord

What type of tenancy dispute was case 4581329?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4581329?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9437670-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4581329 — Cleanliness

Claims and awards in Tenancy Tribunal application 4581329 — net $366.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$120.00	Rubbish removal
Lawns and Garden work	$40.00	Lawns and Garden work
Cleaning	$206.00	Cleaning
Net award	$366.00
Bond	$2,500.00
Total payable by Tenant to Landlord	$366.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of all parties’ names and identifying details.
[The tenant/s] to pay [The landlord/s] $366.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,500.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $366.00 [The tenant/s]: $2,134.00

Reasons

Both parties attended the hearing.
The tenant has applied for refund of the bond and compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord has cross applied for compensation and reimbursement of the filing fee following the end of the tenancy.
This tenancy began in July 2022 and ended on 11 May 2023.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy, did not leave the lawn reasonably clean and tidy and did not remove all rubbish. Exit photographs taken on 12 May 2023 were provided together with an invoice and email from [The cleaning company] for the cleaning and an invoice from the landlord’s company for the rubbish removal and lawns.
The landlord seeks payment of the sum of $619.16 for cleaning, $120.00 for rubbish removal and $40.00 for lawns.
The tenant agreed that rubbish was left at the premises but stated that due to bad weather the bins were not collected the week she moved out. It was agreed there was non-recycling rubbish in the recycle bin. The tenant stated that she cleaned the premises herself. She also arranged a professional cleaner for the final clean on 12 May 2023 but told the cleaner not to complete due to the property manager arriving while the cleaner was there and advising that a further day’s rent may be charged.
The landlord stated that further cleaning was required of the kitchen due to oil residue, further cleaning of the blinds was required, the garage needed cleaning and vacuuming and the silicone in the bathroom needed further cleaning.
The invoice is for a standard three-bedroom house clean, and the email refers to work required which does not mention the kitchen.
It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. It is common that a landlord wishes to clean to an extra level so that they can re-tenant the premises, that is a business decision that a landlord makes at their cost.
From my assessment of the photographs and the evidence of the parties, I find that not all rubbish was removed from the premises and the lawn was not left reasonably clean and tidy. I have awarded the sum of $120.00 for rubbish removal and $40.00 for the lawn.
At the hearing the landlord also requested payment for refill of gas bottles. However, this was not included in the landlord’s claim and the landlord could not prove that the gas bottles were full at the commencement of the tenancy as the previous invoice was dated 6 April 2023, over three months before the tenancy commenced. Tenant claim for compensation
The tenant sought compensation of $150.00 on the basis that there had been communication difficulties around the end of the tenancy and the return of the keys. The tenancy was due to end on 11 May 2023 following notice from the tenant. The tenant stated that she was under pressure and sought more time to move out which was refused. The tenant returned the keys on 12 May 2023.
The landlord responded that they advised the tenant that if extra time was sought then further rent would be charged. Rent was only charged to 11 May 2023.
It is acknowledged that the tenant was under pressure at this time of moving but in the circumstances there has been no loss to the tenant as no extra rent was charged. Therefore, this claim is dismissed. Bond Refund
The bond belongs to the tenant unless the landlord is successful in proving a claim against the bond. The tenant is entitled to refund of the bond less the amounts awarded to the landlord in order 2. Filing fee/Suppression
As both parties have had some success with their claims, I make no order for reimbursement of the filing fee either way.
Both parties have sought suppression of identifying details in any publication of this order. The Tribunal may make the order having regard to the interests of the parties and to the public interest. Section 95A Residential Tenancies Act 1986. Both parties have had some success in these proceedings. Having considered the factors in this case the Tribunal grants suppression as sought.

Claims and awards in Tenancy Tribunal application 4581329 — net $366.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rubbish removal	$120.00	Rubbish removal
Lawns and Garden work	$40.00	Lawns and Garden work
Cleaning	$206.00	Cleaning
Net award	$366.00
Bond	$2,500.00
Total payable by Tenant to Landlord	$366.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of all parties’ names and identifying details.
[The tenant/s] to pay [The landlord/s] $366.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,500.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $366.00 [The tenant/s]: $2,134.00

Reasons

Both parties attended the hearing.
The tenant has applied for refund of the bond and compensation and reimbursement of the filing fee following the end of the tenancy.
The landlord has cross applied for compensation and reimbursement of the filing fee following the end of the tenancy.
This tenancy began in July 2022 and ended on 11 May 2023.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claims that the tenant did not leave the premises reasonably clean and tidy, did not leave the lawn reasonably clean and tidy and did not remove all rubbish. Exit photographs taken on 12 May 2023 were provided together with an invoice and email from [The cleaning company] for the cleaning and an invoice from the landlord’s company for the rubbish removal and lawns.
The landlord seeks payment of the sum of $619.16 for cleaning, $120.00 for rubbish removal and $40.00 for lawns.
The tenant agreed that rubbish was left at the premises but stated that due to bad weather the bins were not collected the week she moved out. It was agreed there was non-recycling rubbish in the recycle bin. The tenant stated that she cleaned the premises herself. She also arranged a professional cleaner for the final clean on 12 May 2023 but told the cleaner not to complete due to the property manager arriving while the cleaner was there and advising that a further day’s rent may be charged.
The landlord stated that further cleaning was required of the kitchen due to oil residue, further cleaning of the blinds was required, the garage needed cleaning and vacuuming and the silicone in the bathroom needed further cleaning.
The invoice is for a standard three-bedroom house clean, and the email refers to work required which does not mention the kitchen.
It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. It is common that a landlord wishes to clean to an extra level so that they can re-tenant the premises, that is a business decision that a landlord makes at their cost.
From my assessment of the photographs and the evidence of the parties, I find that not all rubbish was removed from the premises and the lawn was not left reasonably clean and tidy. I have awarded the sum of $120.00 for rubbish removal and $40.00 for the lawn.
At the hearing the landlord also requested payment for refill of gas bottles. However, this was not included in the landlord’s claim and the landlord could not prove that the gas bottles were full at the commencement of the tenancy as the previous invoice was dated 6 April 2023, over three months before the tenancy commenced. Tenant claim for compensation
The tenant sought compensation of $150.00 on the basis that there had been communication difficulties around the end of the tenancy and the return of the keys. The tenancy was due to end on 11 May 2023 following notice from the tenant. The tenant stated that she was under pressure and sought more time to move out which was refused. The tenant returned the keys on 12 May 2023.
The landlord responded that they advised the tenant that if extra time was sought then further rent would be charged. Rent was only charged to 11 May 2023.
It is acknowledged that the tenant was under pressure at this time of moving but in the circumstances there has been no loss to the tenant as no extra rent was charged. Therefore, this claim is dismissed. Bond Refund
The bond belongs to the tenant unless the landlord is successful in proving a claim against the bond. The tenant is entitled to refund of the bond less the amounts awarded to the landlord in order 2. Filing fee/Suppression
As both parties have had some success with their claims, I make no order for reimbursement of the filing fee either way.
Both parties have sought suppression of identifying details in any publication of this order. The Tribunal may make the order having regard to the interests of the parties and to the public interest. Section 95A Residential Tenancies Act 1986. Both parties have had some success in these proceedings. Having considered the factors in this case the Tribunal grants suppression as sought.

Tenancy Tribunal case 4581329 — Cleanliness

At a glance

Tenancy Tribunal case 4581329 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions