What was the outcome of Tenancy Tribunal case 4709090?

The tribunal order states: Jill Tania Tito must pay Cambridge Rentals Limited as Agent for I & A Strickland

How much money was awarded in case 4709090?

Cleaning: $218.50 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $97.75 awarded to landlord; Property Damage: $143.76 awarded to landlord; Rubbish Removal: $1,121.25 awarded to landlord

What type of tenancy dispute was case 4709090?

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

Where can I read the official tribunal order for case 4709090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9687979-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4709090?

The tribunal order states: Jill Tania Tito must pay Cambridge Rentals Limited as Agent for I & A Strickland

How much money was awarded in case 4709090?

Cleaning: $218.50 awarded to landlord; Cleaning: $500.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Lawns and Garden Work: $97.75 awarded to landlord; Property Damage: $143.76 awarded to landlord; Rubbish Removal: $1,121.25 awarded to landlord

What type of tenancy dispute was case 4709090?

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

Where can I read the official tribunal order for case 4709090?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9687979-Tenancy_Tribunal_Order.pdf.

95A King Street, Cambridge, Cambridge 3434 Tenancy Tribunal Case 4709090 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4709090 — net $2,101.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$143.76	Lock/key replacement
Cleaning	$500.00	Cleaning
Carpet Cleaning	$218.50	Carpet Cleaning
Lawns and Garden work	$97.75	Lawns and Garden work
Rubbish removal	$1,121.25	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,101.70
Total payable by Tenant to Landlord	$2,101.70

Ms Hurst appeared by telephone for the landlord. An unsuccessful attempt was made to call the tenant on the phone number provided.

On 20 September 2023, the Tribunal terminated the tenancy for rent arrears, see NZTT 4647173. On 10 October 2023, the landlord filed a claim that the tenant had failed to return the keys, failed to leave the lawn in a reasonably tidy condition, failed to leave the inside of the property reasonably clean and tidy, failed to leave the carpet reasonably clean and tidy, and had failed to remove all rubbish.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”).

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

The landlord is claiming $143.76 to re barrel the door, $97.75 to mow the lawns and dispose of the green waste, $897.00 to clean the inside of the property, $1,121.25 to remove and dispose of rubbish, and $218.50 to clean the carpet.

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) of the Act.

The landlord has produced a pre and post tenancy inspection report both of which contain photographs of the inside and outside of the property. The landlord has also produced a video showing the property at the end of the tenancy. After hearing from the landlord and considering the photographs, and the video, I am satisfied that the tenant has failed to leave the carpet in a reasonably clean condition , there is staining and soiling in every room with carpet , that they have failed to remove all rubbish, which includes 19 used car tyres and household furniture left outside , and that they have failed to leave the lawns in at least the same condition they were at the commencement.

I award the full amounts claimed for the carpet cleaning, the lawns, and rubbish removal.

The Act does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The property has two bedrooms, an open plan kitchen / dining / lounge area, bathroom, toilet, laundry, and a carport. While I am satisfied that the tenant has failed to leave the inside of the property in a reasonably clean condition, based on my objective assessment of the evidence, I am however not satisfied that an award for the total amount claimed is warranted. In this case I award $500.00 for cleaning.

Having considered the evidence, I am satisfied that the tenant failed to return the keys. The amount claimed to re barrel the lock is awarded. Costs

As Cambridge Rentals Limited as Agent for I & A Strickland has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression

Although the landlord has been substantially successful, they do not seek name suppression.

Claims and awards in Tenancy Tribunal application 4709090 — net $2,101.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Lock/key replacement	$143.76	Lock/key replacement
Cleaning	$500.00	Cleaning
Carpet Cleaning	$218.50	Carpet Cleaning
Lawns and Garden work	$97.75	Lawns and Garden work
Rubbish removal	$1,121.25	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,101.70
Total payable by Tenant to Landlord	$2,101.70

Order

Jill Tania Tito must pay Cambridge Rentals Limited as Agent for I & A Strickland $2,101.70 immediately, calculated as shown in table below.

Reasons

Ms Hurst appeared by telephone for the landlord. An unsuccessful attempt was made to call the tenant on the phone number provided.
On 20 September 2023, the Tribunal terminated the tenancy for rent arrears, see NZTT 4647173. On 10 October 2023, the landlord filed a claim that the tenant had failed to return the keys, failed to leave the lawn in a reasonably tidy condition, failed to leave the inside of the property reasonably clean and tidy, failed to leave the carpet reasonably clean and tidy, and had failed to remove all rubbish.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”).

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

The landlord is claiming $143.76 to re barrel the door, $97.75 to mow the lawns and dispose of the green waste, $897.00 to clean the inside of the property, $1,121.25 to remove and dispose of rubbish, and $218.50 to clean the carpet.
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) of the Act.
The landlord has produced a pre and post tenancy inspection report both of which contain photographs of the inside and outside of the property. The landlord has also produced a video showing the property at the end of the tenancy. After hearing from the landlord and considering the photographs, and the video, I am satisfied that the tenant has failed to leave the carpet in a reasonably clean condition , there is staining and soiling in every room with carpet , that they have failed to remove all rubbish, which includes 19 used car tyres and household furniture left outside , and that they have failed to leave the lawns in at least the same condition they were at the commencement.
I award the full amounts claimed for the carpet cleaning, the lawns, and rubbish removal.
The Act does not require the premises to be provided or returned in a spotless or an immaculate condition. The standard is based on what an average bystander would consider reasonable, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The property has two bedrooms, an open plan kitchen / dining / lounge area, bathroom, toilet, laundry, and a carport. While I am satisfied that the tenant has failed to leave the inside of the property in a reasonably clean condition, based on my objective assessment of the evidence, I am however not satisfied that an award for the total amount claimed is warranted. In this case I award $500.00 for cleaning.
Having considered the evidence, I am satisfied that the tenant failed to return the keys. The amount claimed to re barrel the lock is awarded. Costs
As Cambridge Rentals Limited as Agent for I & A Strickland has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
Although the landlord has been substantially successful, they do not seek name suppression.

Tenancy Tribunal case 4709090 — Cleanliness at 95A King Street, Cambridge, Cambridge 3434

At a glance

Tenancy Tribunal case 4709090 — Cleanliness at 95A King Street, Cambridge, Cambridge 3434

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