What was the outcome of Tenancy Tribunal case 4583713?

The tribunal order states: Arthur Manapori must pay Realty 2000 Limited As Agent For The Fujexn Trust

How much money was awarded in case 4583713?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pallet Removal: $300.00 awarded to landlord; Previous Order Application 4523833 D…: $918.60 awarded to landlord; Removal Of Goods: $632.50 awarded to landlord

What type of tenancy dispute was case 4583713?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4583713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9636337-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4583713?

The tribunal order states: Arthur Manapori must pay Realty 2000 Limited As Agent For The Fujexn Trust

How much money was awarded in case 4583713?

Cleaning: $230.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Pallet Removal: $300.00 awarded to landlord; Previous Order Application 4523833 D…: $918.60 awarded to landlord; Removal Of Goods: $632.50 awarded to landlord

What type of tenancy dispute was case 4583713?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4583713?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9636337-Tribunal_Order.pdf.

63C Redoubt Road, Goodwood Heights, Auckland 2105 Tenancy Tribunal Case 4583713 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4583713 — net $2,101.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4523833 dated 13/04/2023	$918.60	Previous order application 4523833 dated 13/04/2023
Cleaning	$230.00	Cleaning
Pallet removal	$300.00	Pallet removal
Removal of goods	$632.50	Removal of goods
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,101.54
Total payable by Tenant to Landlord	$2,101.54

Both parties attended today’s hearing by telephone.

The landlord has applied for compensation for cleaning, removal of items and rubbish removal and reimbursement of the filing fee following the end of the tenancy.

The tenancy ended by Tribunal order on the 20 April 2023. The tenant says that as he only had one week to leave the property he “did what he could” to clean and remove his items before the end of the tenancy. He acknowledges that there might have been some areas that he did not leave to the required standard and that eh did not remove all of the items from the property.

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.

The landlord sought two amounts for the cleaning of the property a sum of $230.00 for cleaning (26 April) which was completed by Emerald Cleaning and another sum for cleaning of $690.00 by Vivi Cleaning (28 April). The landlord provided the outgoing inspection report which is comprehensive and shows the state of the property at the end of the tenancy.

The outgoing property inspection photographs show that some of the cleaning was done but there were areas where the cleaning was not up to the required standard. Those areas match the areas detailed in the Emerald Cleaning invoice and I award the amount of the Emerald cleaning invoice to the landlord.

The Vivi invoice did not have a lot of detail and referred to the same areas as the Emerald invoice. The landlord was not able to tell me why another cleaning agency was needed to do the same areas. I am not satisfied that the tenant should pay the Vivi invoice because the description of the work done is the same as the Emerald cleaning and also refers to carpet cleaning. The previous Adjudicator noted in her decision of TT4523833 that the carpet is worn and in need of repair and maintenance. I do not consider it reasonable for the tenant to pay for carpet cleaning of a carpet that is poorly maintained.

The tenant left items at the property. The landlord claimed the sum of $632.50 for the removal of the tenant’s belongings. I am satisfied that the tenant was given an opportunity to remove these items at the end of the tenancy and failed to do so. The tenant is liable for this cost.

The tenant left some shelving in the property that had value, the landlord says another tenant (who has since left the property) took those items with him when he left. The landlord is not responsible for this loss as the tenant had an obligation to remove his goods at the end of the tenancy and failed to do so.

The landlord sought $984.00 for the removal of pallets and wood in the garden. The tenant accepts that he left those items behind but disputes the cost of removing them. On closer inspection the invoice provided by the landlord for the removal has a removal date of March 2023, a month BEFORE the tenancy ended. The landlord could give me no explanation for this discrepancy, which was repeated twice in the invoice. The issuing of an invoice indicates that the work has been done by that date. The pallets are present in the outgoing inspection photographs and therefore were not removed BEFORE the end of the tenancy.

Having considered the above, I put no weight at all on the invoice. I do not consider it credible.

I consider that the landlord has had to remove the tenant’s pallets and have awarded a sum of $300.00 which I consider reasonable.

The amounts ordered are proved

On 13 April 2023 the Tribunal made an order relating to this tenancy TT 4523833. The previous order is incorporated into this order for enforcement purposes.

Because Realty 2000 Limited As Agent For The Fujexn Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4583713 — net $2,101.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4523833 dated 13/04/2023	$918.60	Previous order application 4523833 dated 13/04/2023
Cleaning	$230.00	Cleaning
Pallet removal	$300.00	Pallet removal
Removal of goods	$632.50	Removal of goods
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,101.54
Total payable by Tenant to Landlord	$2,101.54

Order

Arthur Manapori must pay Realty 2000 Limited As Agent For The Fujexn Trust $2,101.54 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 13 April 2023 under application 4523833.

Reasons

Both parties attended today’s hearing by telephone.
The landlord has applied for compensation for cleaning, removal of items and rubbish removal and reimbursement of the filing fee following the end of the tenancy.
The tenancy ended by Tribunal order on the 20 April 2023. The tenant says that as he only had one week to leave the property he “did what he could” to clean and remove his items before the end of the tenancy. He acknowledges that there might have been some areas that he did not leave to the required standard and that eh did not remove all of the items from the property.

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.
The landlord sought two amounts for the cleaning of the property a sum of $230.00 for cleaning (26 April) which was completed by Emerald Cleaning and another sum for cleaning of $690.00 by Vivi Cleaning (28 April). The landlord provided the outgoing inspection report which is comprehensive and shows the state of the property at the end of the tenancy.
The outgoing property inspection photographs show that some of the cleaning was done but there were areas where the cleaning was not up to the required standard. Those areas match the areas detailed in the Emerald Cleaning invoice and I award the amount of the Emerald cleaning invoice to the landlord.
The Vivi invoice did not have a lot of detail and referred to the same areas as the Emerald invoice. The landlord was not able to tell me why another cleaning agency was needed to do the same areas. I am not satisfied that the tenant should pay the Vivi invoice because the description of the work done is the same as the Emerald cleaning and also refers to carpet cleaning. The previous Adjudicator noted in her decision of TT4523833 that the carpet is worn and in need of repair and maintenance. I do not consider it reasonable for the tenant to pay for carpet cleaning of a carpet that is poorly maintained.
The tenant left items at the property. The landlord claimed the sum of $632.50 for the removal of the tenant’s belongings. I am satisfied that the tenant was given an opportunity to remove these items at the end of the tenancy and failed to do so. The tenant is liable for this cost.
The tenant left some shelving in the property that had value, the landlord says another tenant (who has since left the property) took those items with him when he left. The landlord is not responsible for this loss as the tenant had an obligation to remove his goods at the end of the tenancy and failed to do so.
The landlord sought $984.00 for the removal of pallets and wood in the garden. The tenant accepts that he left those items behind but disputes the cost of removing them. On closer inspection the invoice provided by the landlord for the removal has a removal date of March 2023, a month BEFORE the tenancy ended. The landlord could give me no explanation for this discrepancy, which was repeated twice in the invoice. The issuing of an invoice indicates that the work has been done by that date. The pallets are present in the outgoing inspection photographs and therefore were not removed BEFORE the end of the tenancy.
Having considered the above, I put no weight at all on the invoice. I do not consider it credible.
I consider that the landlord has had to remove the tenant’s pallets and have awarded a sum of $300.00 which I consider reasonable.
The amounts ordered are proved
On 13 April 2023 the Tribunal made an order relating to this tenancy TT 4523833. The previous order is incorporated into this order for enforcement purposes.
Because Realty 2000 Limited As Agent For The Fujexn Trust has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4583713 — Cleanliness at 63C Redoubt Road, Goodwood Heights, Auckland 2105

At a glance

Tenancy Tribunal case 4583713 — Cleanliness at 63C Redoubt Road, Goodwood Heights, Auckland 2105

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

Property management

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

Property management

Frequently asked questions