What was Tenancy Tribunal case 4695069 about?

The tribunal order states: Gino Spiteri must pay [The landlord/s] $925.44 immediately, calculated as

How much money was awarded in case 4695069?

Cleaning: $565.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $10.00 awarded to landlord; Ceiling Panels: $80.00 awarded to landlord; Replace Furnishings: Rehang Curtains: $50.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4695069?

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

Where can I read the official tribunal order for case 4695069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9745138-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4695069 about?

The tribunal order states: Gino Spiteri must pay [The landlord/s] $925.44 immediately, calculated as

How much money was awarded in case 4695069?

Cleaning: $565.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lightbulbs: $10.00 awarded to landlord; Ceiling Panels: $80.00 awarded to landlord; Replace Furnishings: Rehang Curtains: $50.00 awarded to landlord; Rubbish Removal: $200.00 awarded to landlord

What type of tenancy dispute was case 4695069?

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

Where can I read the official tribunal order for case 4695069?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9745138-Tribunal_Order_Redacted.pdf.

202 Clyde Street, Island Bay, Wellington 6023 Tenancy Tribunal Case 4695069 — Cleanliness

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202 Clyde Street, Island Bay, Wellington 6023 Tenancy Tribunal Case 4695069 — 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 4695069 — net $925.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$565.00	Carpet Cleaning
Rubbish removal: & cleaning	$200.00	Rubbish removal: & cleaning
Replace furnishings: rehang curtains	$50.00	Replace furnishings: rehang curtains
Light bulbs/batteries	$10.00	Light bulbs/batteries
Repairs: ceiling panels	$80.00	Repairs: ceiling panels
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$925.44
Total payable by Tenant to Landlord	$925.44

Claims and awards for application 4695069 — net $925.44 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $565.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal: & cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal: & cleaning

Replace furnishings: rehang curtains

Amount: $50.00
Awarded to: Landlord
Reason: Replace furnishings: rehang curtains

Light bulbs/batteries

Amount: $10.00
Awarded to: Landlord
Reason: Light bulbs/batteries

Repairs: ceiling panels

Amount: $80.00
Awarded to: Landlord
Reason: Repairs: ceiling panels

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Gino Spiteri must pay [The landlord/s] $925.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing represented by [redacted]. There was no appearance for Mr Spiteri, however as he had been served by email and phone, the hearing went ahead in his absence.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenancy was lengthy, lasting from 2018 until August 2023.
The Bond was transferred to the landlord in August pursuant to Tribunal Order. 1

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's statutory obligation is to leave the premises reasonably clean and reasonably tidy. This is not an absolute standard, and it does not mean that the premises will necessarily be ready for occupation by a new tenant straight away. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord. The test as to whether premises are in a reasonably clean and tidy condition is an objective test, not to be determined on the basis of the subjective opinion of either the landlord or the tenant. Also a tenant, generally, should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy.
It has been proven in photographic evidence that some rubbish was left at the property. Accordingly, I direct an amount of compensation considered reasonable in light of the evidence for this breach of the RTA.
I also find it proven that some cleaning was required, such as of the oven, some areas of mould, and one bathroom, but not extensive cleaning. The tenants had obviously undertaken a lot of cleaning themselves. As such, I do not consider the claim of 5.5 hours reasonable in light of the photos. I have awarded compensation reasonable to the extent of the breach.
I have also approved a small amount for replacement of light bulbs, however as the specific amount was not itemised, the amount awarded is that that I consider reasonable in the circumstances.
I have further awarded a reasonable amount for rehanging the curtains. There were two curtains to be re-hung and as this is not skilled work, I do not consider the hourly rate of $80 appropriate.

Is the tenant responsible for the damage to the premises?

There were ceiling panes in the conservatory that were hanging down which needed to be refixed. The landlord submits that as the screws had been removed, this was damage. 1 NTT 4626809
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.
As the damage was only noticed by the landlord at the end of the tenancy and the tenants had not notified of it during the tenancy, I find it more likely than not that the screws were removed during the tenancy, which is an intentional act by the tenants. I have awarded a reasonable amount of compensation to reinstall the screws.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and approve their application for suppression

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 4695069 — net $925.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$565.00	Carpet Cleaning
Rubbish removal: & cleaning	$200.00	Rubbish removal: & cleaning
Replace furnishings: rehang curtains	$50.00	Replace furnishings: rehang curtains
Light bulbs/batteries	$10.00	Light bulbs/batteries
Repairs: ceiling panels	$80.00	Repairs: ceiling panels
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$925.44
Total payable by Tenant to Landlord	$925.44

Claims and awards for application 4695069 — net $925.44 NZD. Verify on MoJ.

Carpet Cleaning

Amount: $565.00
Awarded to: Landlord
Reason: Carpet Cleaning

Rubbish removal: & cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Rubbish removal: & cleaning

Replace furnishings: rehang curtains

Amount: $50.00
Awarded to: Landlord
Reason: Replace furnishings: rehang curtains

Light bulbs/batteries

Amount: $10.00
Awarded to: Landlord
Reason: Light bulbs/batteries

Repairs: ceiling panels

Amount: $80.00
Awarded to: Landlord
Reason: Repairs: ceiling panels

Claim types — money lines allowed on this order

Carpet Cleaning Filing Fee Property damage Rubbish Removal

Order

Gino Spiteri must pay [The landlord/s] $925.44 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing represented by [redacted]. There was no appearance for Mr Spiteri, however as he had been served by email and phone, the hearing went ahead in his absence.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenancy was lengthy, lasting from 2018 until August 2023.
The Bond was transferred to the landlord in August pursuant to Tribunal Order. 1

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's statutory obligation is to leave the premises reasonably clean and reasonably tidy. This is not an absolute standard, and it does not mean that the premises will necessarily be ready for occupation by a new tenant straight away. It is to be expected that a landlord will spend some time (or pay someone else) on cleaning and maintenance work between tenancies. This is part of the business of being a landlord. The test as to whether premises are in a reasonably clean and tidy condition is an objective test, not to be determined on the basis of the subjective opinion of either the landlord or the tenant. Also a tenant, generally, should not be expected to keep the premises any cleaner or tidier than they were at the start of the tenancy.
It has been proven in photographic evidence that some rubbish was left at the property. Accordingly, I direct an amount of compensation considered reasonable in light of the evidence for this breach of the RTA.
I also find it proven that some cleaning was required, such as of the oven, some areas of mould, and one bathroom, but not extensive cleaning. The tenants had obviously undertaken a lot of cleaning themselves. As such, I do not consider the claim of 5.5 hours reasonable in light of the photos. I have awarded compensation reasonable to the extent of the breach.
I have also approved a small amount for replacement of light bulbs, however as the specific amount was not itemised, the amount awarded is that that I consider reasonable in the circumstances.
I have further awarded a reasonable amount for rehanging the curtains. There were two curtains to be re-hung and as this is not skilled work, I do not consider the hourly rate of $80 appropriate.

Is the tenant responsible for the damage to the premises?

There were ceiling panes in the conservatory that were hanging down which needed to be refixed. The landlord submits that as the screws had been removed, this was damage. 1 NTT 4626809
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.
As the damage was only noticed by the landlord at the end of the tenancy and the tenants had not notified of it during the tenancy, I find it more likely than not that the screws were removed during the tenancy, which is an intentional act by the tenants. I have awarded a reasonable amount of compensation to reinstall the screws.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and approve their application for suppression

Tenancy Tribunal case 4695069 — Cleanliness at 202 Clyde Street, Island Bay, Wellington 6023

At a glance

Tenancy Tribunal case 4695069 — Cleanliness at 202 Clyde Street, Island Bay, Wellington 6023

At a glance

Award balance

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

Award balance

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