What was Tenancy Tribunal case 4705372 about?

The tribunal order states: Casey Kepa must pay [The landlord/s] $729.17 immediately, calculated as

How much money was awarded in case 4705372?

Cleaning: $628.73 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4705372?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4705372?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10166075-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4705372 about?

The tribunal order states: Casey Kepa must pay [The landlord/s] $729.17 immediately, calculated as

How much money was awarded in case 4705372?

Cleaning: $628.73 awarded to landlord; Cleaning: $80.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4705372?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4705372?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10166075-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4705372 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4705372 — net $729.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: oven and rangehood	$80.00	Cleaning: oven and rangehood
Carpet Cleaning	$628.73	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$729.17
Total payable by Tenant to Landlord	$729.17

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, 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 (RTA).

The landlord’s claim for rubbish removal is not allowed. I have no confidence the invoice relates to the tenancy because it is dated 1 March 2023 and this tenancy ended in September 2023. The claim is dismissed. I note for the record that there is no evidence the tenant left any rubbish at the end of the tenancy.

There is a claim for cleaning. I have looked at the photos provided by the landlord and, with two exceptions, the house looks reasonably clean and tidy to me. The tenant agreed she could have spent more time cleaning the oven and the range hood. I allow $80 as an estimated amount for the additional cleaning.

The claim for carpet cleaning is proved and allowed. The landlord provided good photos showing the stains at the end of the tenancy. The amount claimed seems reasonable to me.

Is the tenant responsible for 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. See sections 40(2)(a), 41 and 49B RTA.

The landlord asked to amend its claim at the hearing. The new claim was for repairs in the amount of $2862.68. This was not allowed. As well as the obvious issues with service, this was the third hearing of this matter and I gave clear instructions about providing a list of all claims and invoices to the tenant and the Tribunal in December and again in February.

There are three claims for window repairs. The most recent repair was done after the end of the tenancy. The photos did not show the crack in the glass. The tenant said there was a crack but it was small and she was not sure how it happened. This claim is not proved because without a photo I cannot see if the crack needed to be repaired.

Two windows were repaired in 2022, during the tenancy. The tenant was quite sure she had paid for these repairs at $50 extra a week during the tenancy. She provided me with some emails showing there was an agreement for window repairs to be paid this way. There is also evidence one repair bill was paid by a support agency. The landlord did not have any better evidence about this. I am not certain the tenant owes the money so these claims are also dismissed. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party.

Claims and awards in Tenancy Tribunal application 4705372 — net $729.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning: oven and rangehood	$80.00	Cleaning: oven and rangehood
Carpet Cleaning	$628.73	Carpet Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$729.17
Total payable by Tenant to Landlord	$729.17

Order

Casey Kepa must pay [The landlord/s] $729.17 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, 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 (RTA).
The landlord’s claim for rubbish removal is not allowed. I have no confidence the invoice relates to the tenancy because it is dated 1 March 2023 and this tenancy ended in September 2023. The claim is dismissed. I note for the record that there is no evidence the tenant left any rubbish at the end of the tenancy.
There is a claim for cleaning. I have looked at the photos provided by the landlord and, with two exceptions, the house looks reasonably clean and tidy to me. The tenant agreed she could have spent more time cleaning the oven and the range hood. I allow $80 as an estimated amount for the additional cleaning.
The claim for carpet cleaning is proved and allowed. The landlord provided good photos showing the stains at the end of the tenancy. The amount claimed seems reasonable to me.

Is the tenant responsible for 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. See sections 40(2)(a), 41 and 49B RTA.
The landlord asked to amend its claim at the hearing. The new claim was for repairs in the amount of $2862.68. This was not allowed. As well as the obvious issues with service, this was the third hearing of this matter and I gave clear instructions about providing a list of all claims and invoices to the tenant and the Tribunal in December and again in February.
There are three claims for window repairs. The most recent repair was done after the end of the tenancy. The photos did not show the crack in the glass. The tenant said there was a crack but it was small and she was not sure how it happened. This claim is not proved because without a photo I cannot see if the crack needed to be repaired.
Two windows were repaired in 2022, during the tenancy. The tenant was quite sure she had paid for these repairs at $50 extra a week during the tenancy. She provided me with some emails showing there was an agreement for window repairs to be paid this way. There is also evidence one repair bill was paid by a support agency. The landlord did not have any better evidence about this. I am not certain the tenant owes the money so these claims are also dismissed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party.

Tenancy Tribunal case 4705372 — Cleanliness

At a glance

Tenancy Tribunal case 4705372 — Cleanliness

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Is the tenant responsible for damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Is the tenant responsible for damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions