What was Tenancy Tribunal case 4710251 about?

The tribunal order states: [The tenant/s] must pay Property Brokers South Limited As Agent For M. Keast

How much money was awarded in case 4710251?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4710251?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4710251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9764203-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4710251 about?

The tribunal order states: [The tenant/s] must pay Property Brokers South Limited As Agent For M. Keast

How much money was awarded in case 4710251?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4710251?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4710251?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9764203-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4710251 — Cleanliness

Order

[The tenant/s] must pay Property Brokers South Limited As Agent For M. Keast $70.00 immediately for cleaning following the end of the tenancy.

Reasons

Both parties attended the hearing. The landlord was represented by Ms King. The tenants appeared by phone.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenants leave the property reasonably clean and tidy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord says that the tenants did not leave the property reasonably clean and tidy. The landlord produced both entry and exit inspection photos of the property. The house
The landlord says that there were multiple grimy marks in the kitchen, the oven was very dirty, the inside of the drawers were not clean, the extractor fan filters were not cleaned, the bathroom door had soap film on it, items were left in the kitchen and bathroom cupboards, the lounge had general dust particularly on the skirtings, the heat pump filters were not cleaned and the light switches needed cleaning. The landlord produced an invoice from Complete Clean in the amount of $805.00. The invoice records that a deep clean was required and refers to the cleaning of the oven and kitchen particularly, skirting boards, windows and sills, cleaning of cupboards and a double vacuum of the carpet.
The tenants said that they carefully cleaned and vacuumed at the end of the tenancy. They said that the property was fairly old and that they did the best they could. They said that they left some cleaning products in the kitchen and bathroom as there had been some left in both areas at the start of the tenancy and so they also left what they had at the end of the tenancy in case those items were useful for other tenants.
The tenants accepted that they did not leave the oven perfectly clean and that they had put some carpet over an area in the lounge which they did not specifically clean under and that carpet has now been lifted. The garden
The landlord says that the tenants did not keep the gardens tidy and that some mowing and weeding was required at the end of the tenancy. The landlord produced an invoice from Derek Hughes in the amount of $145 to “Cut grass, weeding and weed spray”.
The tenants say that the lawn area is very small and that they regularly used a weed trimmer on the lawn and on any areas of the gardens with weeds. They said that the pruned the roses that had not previously been pruned. They say that they are not professional gardeners and simply did their best to keep the outside tidy. The applicable law
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA 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 standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994). Discussion
I have carefully considered the entry and exit inspection photos of the inside of the property. In my view, given the age and condition of the property, the property was left reasonably clean and tidy with the exception of the stove/oven and a small area in the lounge, which the tenant accepted.
This was a tenancy of three years. It is to be expected that there will be some deep cleaning required after such a time period, and that a landlord will have to spend some time cleaning in order for the property to be ready for the next tenant. This is particularly so with areas such as windows, skirtings, heat pump and rangehood filters and carpets. Kitchens and bathrooms will likely need a deep clean.
I consider that appropriate compensation for the cleaning of the oven and the area in the lounge to be $70.00 (two hours at $35 per hour). I order payment of that amount.
I have also carefully considered the entry and exit inspection photos of the outside of the property. Again, I consider that the tenants have done a reasonable job keeping the outside “reasonably clean and tidy”. It is to be expected that the landlord might have to do some additional gardening to get the outside of the property in a condition ready for a new tenant to move in.
I make no order for compensation for gardening and weeding.
As the landlord has not been substantially successful I have not refunded the filing fee.
As the tenant has been substantially successful I have made and order suppressing the tenants’ names and identifying details pursuant to Section 95A RTA.

Order

[The tenant/s] must pay Property Brokers South Limited As Agent For M. Keast $70.00 immediately for cleaning following the end of the tenancy.

Reasons

Both parties attended the hearing. The landlord was represented by Ms King. The tenants appeared by phone.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

Did the tenants leave the property reasonably clean and tidy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord says that the tenants did not leave the property reasonably clean and tidy. The landlord produced both entry and exit inspection photos of the property. The house
The landlord says that there were multiple grimy marks in the kitchen, the oven was very dirty, the inside of the drawers were not clean, the extractor fan filters were not cleaned, the bathroom door had soap film on it, items were left in the kitchen and bathroom cupboards, the lounge had general dust particularly on the skirtings, the heat pump filters were not cleaned and the light switches needed cleaning. The landlord produced an invoice from Complete Clean in the amount of $805.00. The invoice records that a deep clean was required and refers to the cleaning of the oven and kitchen particularly, skirting boards, windows and sills, cleaning of cupboards and a double vacuum of the carpet.
The tenants said that they carefully cleaned and vacuumed at the end of the tenancy. They said that the property was fairly old and that they did the best they could. They said that they left some cleaning products in the kitchen and bathroom as there had been some left in both areas at the start of the tenancy and so they also left what they had at the end of the tenancy in case those items were useful for other tenants.
The tenants accepted that they did not leave the oven perfectly clean and that they had put some carpet over an area in the lounge which they did not specifically clean under and that carpet has now been lifted. The garden
The landlord says that the tenants did not keep the gardens tidy and that some mowing and weeding was required at the end of the tenancy. The landlord produced an invoice from Derek Hughes in the amount of $145 to “Cut grass, weeding and weed spray”.
The tenants say that the lawn area is very small and that they regularly used a weed trimmer on the lawn and on any areas of the gardens with weeds. They said that the pruned the roses that had not previously been pruned. They say that they are not professional gardeners and simply did their best to keep the outside tidy. The applicable law
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA 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 standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994). Discussion
I have carefully considered the entry and exit inspection photos of the inside of the property. In my view, given the age and condition of the property, the property was left reasonably clean and tidy with the exception of the stove/oven and a small area in the lounge, which the tenant accepted.
This was a tenancy of three years. It is to be expected that there will be some deep cleaning required after such a time period, and that a landlord will have to spend some time cleaning in order for the property to be ready for the next tenant. This is particularly so with areas such as windows, skirtings, heat pump and rangehood filters and carpets. Kitchens and bathrooms will likely need a deep clean.
I consider that appropriate compensation for the cleaning of the oven and the area in the lounge to be $70.00 (two hours at $35 per hour). I order payment of that amount.
I have also carefully considered the entry and exit inspection photos of the outside of the property. Again, I consider that the tenants have done a reasonable job keeping the outside “reasonably clean and tidy”. It is to be expected that the landlord might have to do some additional gardening to get the outside of the property in a condition ready for a new tenant to move in.
I make no order for compensation for gardening and weeding.
As the landlord has not been substantially successful I have not refunded the filing fee.
As the tenant has been substantially successful I have made and order suppressing the tenants’ names and identifying details pursuant to Section 95A RTA.

Tenancy Tribunal case 4710251 — Cleanliness

At a glance

Tenancy Tribunal case 4710251 — Cleanliness

At a glance

Claims & awards

Order

Reasons

Did the tenants leave the property reasonably clean and tidy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Did the tenants leave the property reasonably clean and tidy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions