What was Tenancy Tribunal case 4650109 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 4650109?

Cleaning: $440.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4650109?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4650109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9494257-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4650109 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 4650109?

Cleaning: $440.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4650109?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4650109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9494257-Tribunal_Order_Redacted.pdf.

34 Harwich Street, Balclutha, Balclutha 9230 Tenancy Tribunal Case 4650109 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4650109. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$440.00		Cleaning
Filing fee reimbursement	$20.44		en substantially successful, they are entitled to a refund of the filing fee of $20.44. They are also entitled to an order for name suppression pursuant to Sec…

Only the landlords attended the hearing.

This tenancy began on 25 May 2022 and ended on 25 July 2023. The landlords explained that the tenancy began well but the relationship between them and the tenants broke down during the tenancy.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 landlords say that the tenants did not leave the premises reasonably clean and tidy and in fact left it in a very dirty state.

The landlords did not have entry inspection photos showing the condition of the property at the start of the tenancy, but provided a copy of an inspection report dated 26 February 2023 (using the standard format provided by Tenancy Services), signed by both parties, confirming the property as being in acceptable condition.

The landlords provided photos taken at the end of the tenancy showing considerable mould in the bathroom, scribbles on the wall, the woodburner, stove and oven in an unclean state, some minor staining to the carpet, and general cobwebs and dust throughout.

The landlords explained that they had the walls and ceilings painted but do not claim the cost of doing so from the tenants. They also do not seek any compensation for rubbish left behind.

The landlords do however seek to claim the cost of cleaning from the tenants. The landlords provided a quote in the amount of $840.00 for cleaning and carpet cleaning together with an invoice showing the quote having been accepted, the cleaning done, and the invoice paid.

I accept that the property was not left “reasonably clean and tidy”. However I consider that the tenants should be liable for only the portion of the invoice that was required to bring the property up to a “reasonably clean and tidy” state. Tenants do not need to leave the property in a spotless condition ready for a new tenant to move in. They must only leave the property “reasonably” clean and tidy. It is usual for landlords to have to do some additional cleaning in between tenancies.

Having carefully reviewed all of the photos of the property together with the quote and invoice for cleaning, I consider that the portion of the invoice to bring the property up to a reasonably clean and tidy state to be $440.00 and I order this amount accordingly.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

The landlords say that during the tenancy the tenants asked if they could cut a cat door in the wooden garage door. They did not give the tenant permission to do but it became apparent that the tenant had done so anyway.

The landlords produced a photo showing the hole cut in the door. The tenant has simply replaced the cut out area, but it has not been properly repaired and it is not apparent whether the cut out area has been glued in place.

At the hearing however the landlords confirmed that they had not effected any repairs and did not intend to so as they now have the property on the market for sale.

In the circumstances I am unable to award any compensation for the garage door. This claim is accordingly dismissed. Filing fee and name suppression

As the landlords have been substantially successful, they are entitled to a refund of the filing fee of $20.44. They are also entitled to an order for name suppression pursuant to Section 95A RTA and I make an order for suppression accordingly.

Claims and awards in Tenancy Tribunal application 4650109. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$440.00		Cleaning
Filing fee reimbursement	$20.44		en substantially successful, they are entitled to a refund of the filing fee of $20.44. They are also entitled to an order for name suppression pursuant to Sec…

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords’ names and identifying details.
The Bond Centre is to pay the bond of $1,520.00 ([Bond number suppressed]) immediately apportioned as calculated in the table below:

Reasons

Only the landlords attended the hearing.
This tenancy began on 25 May 2022 and ended on 25 July 2023. The landlords explained that the tenancy began well but the relationship between them and the tenants broke down during the tenancy.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 landlords say that the tenants did not leave the premises reasonably clean and tidy and in fact left it in a very dirty state.
The landlords did not have entry inspection photos showing the condition of the property at the start of the tenancy, but provided a copy of an inspection report dated 26 February 2023 (using the standard format provided by Tenancy Services), signed by both parties, confirming the property as being in acceptable condition.
The landlords provided photos taken at the end of the tenancy showing considerable mould in the bathroom, scribbles on the wall, the woodburner, stove and oven in an unclean state, some minor staining to the carpet, and general cobwebs and dust throughout.
The landlords explained that they had the walls and ceilings painted but do not claim the cost of doing so from the tenants. They also do not seek any compensation for rubbish left behind.
The landlords do however seek to claim the cost of cleaning from the tenants. The landlords provided a quote in the amount of $840.00 for cleaning and carpet cleaning together with an invoice showing the quote having been accepted, the cleaning done, and the invoice paid.
I accept that the property was not left “reasonably clean and tidy”. However I consider that the tenants should be liable for only the portion of the invoice that was required to bring the property up to a “reasonably clean and tidy” state. Tenants do not need to leave the property in a spotless condition ready for a new tenant to move in. They must only leave the property “reasonably” clean and tidy. It is usual for landlords to have to do some additional cleaning in between tenancies.
Having carefully reviewed all of the photos of the property together with the quote and invoice for cleaning, I consider that the portion of the invoice to bring the property up to a reasonably clean and tidy state to be $440.00 and I order this amount accordingly.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlords say that during the tenancy the tenants asked if they could cut a cat door in the wooden garage door. They did not give the tenant permission to do but it became apparent that the tenant had done so anyway.
The landlords produced a photo showing the hole cut in the door. The tenant has simply replaced the cut out area, but it has not been properly repaired and it is not apparent whether the cut out area has been glued in place.
At the hearing however the landlords confirmed that they had not effected any repairs and did not intend to so as they now have the property on the market for sale.
In the circumstances I am unable to award any compensation for the garage door. This claim is accordingly dismissed. Filing fee and name suppression
As the landlords have been substantially successful, they are entitled to a refund of the filing fee of $20.44. They are also entitled to an order for name suppression pursuant to Section 95A RTA and I make an order for suppression accordingly.

Tenancy Tribunal case 4650109 — Cleanliness at 34 Harwich Street, Balclutha, Balclutha 9230

At a glance

Tenancy Tribunal case 4650109 — Cleanliness at 34 Harwich Street, Balclutha, Balclutha 9230

At a glance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions