What was Tenancy Tribunal case 4714674 about?

The tribunal order states: Kuata Penina Paisami must pay [The landlord/s] $917.09 immediately,

How much money was awarded in case 4714674?

Cleaning: $400.00 awarded to landlord; Electricity Charges: $455.45 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $41.20 awarded to landlord

What type of tenancy dispute was case 4714674?

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

Where can I read the official tribunal order for case 4714674?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9754243-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4714674 about?

The tribunal order states: Kuata Penina Paisami must pay [The landlord/s] $917.09 immediately,

How much money was awarded in case 4714674?

Cleaning: $400.00 awarded to landlord; Electricity Charges: $455.45 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $41.20 awarded to landlord

What type of tenancy dispute was case 4714674?

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

Where can I read the official tribunal order for case 4714674?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9754243-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4714674 — Cleanliness

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New Zealand Tenancy Tribunal Case 4714674 — 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 4714674 — net $917.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Electricity charges	$455.45	Electricity charges
Lock/key replacement	$41.20	Lock/key replacement
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$917.09
Total payable by Tenant to Landlord	$917.09

Claims and awards for application 4714674 — net $917.09 NZD. Verify on MoJ.

Electricity charges

Amount: $455.45
Awarded to: Landlord
Reason: Electricity charges

Lock/key replacement

Amount: $41.20
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $917.09

Total payable by Tenant to Landlord

Landlord $917.09

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Kuata Penina Paisami must pay [The landlord/s] $917.09 immediately, calculated as shown in table below.

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. This tenancy ended on 28 June 2023. The application was filed with the Tribunal on 17 October 2023. Where an application is lodged more than two months after the expiry of the tenancy the document service obligations become more onerous (see s.91A Residential Tenancies Act 1986). I record that the Tribunal file notes show that the tenant rang Tenancy Services on 7 December 2023 and confirmed his contact details. The Tribunal may hear a matter in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for 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 - See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The invoice provided by the landlord is detailed. The landlord said that the cleaning was carried out so as to leave the premises in a condition where they could be relet to new tenants. This is a higher standard of cleanliness than is required of the tenant. The standard required is “reasonably clean and tidy” which is generally accepted to be a lower standard. I consider that a reasonable claim is $400.00 and the tenant is ordered to pay that sum.
The tenant did not return the keys. The landlord has claimed $41.20 for a replacement lock.
The landlord claims $455.45 for electricity use and has provided invoices in support of the claim.
The amounts ordered are proved.
As [The landlords/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord details is ordered.

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 4714674 — net $917.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Electricity charges	$455.45	Electricity charges
Lock/key replacement	$41.20	Lock/key replacement
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$917.09
Total payable by Tenant to Landlord	$917.09

Claims and awards for application 4714674 — net $917.09 NZD. Verify on MoJ.

Electricity charges

Amount: $455.45
Awarded to: Landlord
Reason: Electricity charges

Lock/key replacement

Amount: $41.20
Awarded to: Landlord
Reason: Lock/key replacement

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $917.09

Total payable by Tenant to Landlord

Landlord $917.09

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

Kuata Penina Paisami must pay [The landlord/s] $917.09 immediately, calculated as shown in table below.

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. This tenancy ended on 28 June 2023. The application was filed with the Tribunal on 17 October 2023. Where an application is lodged more than two months after the expiry of the tenancy the document service obligations become more onerous (see s.91A Residential Tenancies Act 1986). I record that the Tribunal file notes show that the tenant rang Tenancy Services on 7 December 2023 and confirmed his contact details. The Tribunal may hear a matter in the absence of a party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for 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 - See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
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 tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The invoice provided by the landlord is detailed. The landlord said that the cleaning was carried out so as to leave the premises in a condition where they could be relet to new tenants. This is a higher standard of cleanliness than is required of the tenant. The standard required is “reasonably clean and tidy” which is generally accepted to be a lower standard. I consider that a reasonable claim is $400.00 and the tenant is ordered to pay that sum.
The tenant did not return the keys. The landlord has claimed $41.20 for a replacement lock.
The landlord claims $455.45 for electricity use and has provided invoices in support of the claim.
The amounts ordered are proved.
As [The landlords/s] has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been substantially successful in this matter and suppression of the landlord details is ordered.

Tenancy Tribunal case 4714674 — Cleanliness

At a glance

Tenancy Tribunal case 4714674 — Cleanliness

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

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

Frequently asked questions