What was the outcome of Tenancy Tribunal case 4727648?

The tribunal order states: Avinash Pandaram must pay Quick Rental Ltd As Agent For Yan Zhuang $698.94

How much money was awarded in case 4727648?

Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $264.50 awarded to landlord

What type of tenancy dispute was case 4727648?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4727648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10037391-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4727648?

The tribunal order states: Avinash Pandaram must pay Quick Rental Ltd As Agent For Yan Zhuang $698.94

How much money was awarded in case 4727648?

Cleaning: $414.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rubbish Removal: $264.50 awarded to landlord

What type of tenancy dispute was case 4727648?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4727648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10037391-Tenancy_Tribunal_Order.pdf.

429 Blockhouse Bay Road, Blockhouse Bay, Auckland 0600 Tenancy Tribunal Case 4727648 — Cleanliness

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429 Blockhouse Bay Road, Blockhouse Bay, Auckland 0600 Tenancy Tribunal Case 4727648 — 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 4727648 — net $698.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$414.00	claim for cleaning of $414.00 which is fair and reasonable, having deducted the amount relating to carpet cleaning ($230.00).
Rubbish removal - small skip bin hire	$264.50	Rubbish removal - small skip bin hire
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$698.94
Total payable by Tenant to Landlord	$698.94

Claims and awards for application 4727648 — net $698.94 NZD. Verify on MoJ.

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: claim for cleaning of $414.00 which is fair and reasonable, having deducted the amount relating to carpet cleaning ($230.00).

Rubbish removal - small skip bin hire

Amount: $264.50
Awarded to: Landlord
Reason: Rubbish removal - small skip bin hire

Filing fee reimbursement

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

Net award

Landlord $698.94

Total payable by Tenant to Landlord

Landlord $698.94

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rubbish Removal

Order

Avinash Pandaram must pay Quick Rental Ltd As Agent For Yan Zhuang $698.94 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing which was held by teleconference.
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 and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”).
The tenancy ended on 4 September 2023.
The landlord says the tenant did not leave the property reasonably clean and tidy and claims $644.00 for cleaning. The landlord relies on photographic evidence taken at the end of the tenancy and an invoice for cleaning.
The tenant refutes the landlord’s claim and says he had hired a commercial cleaner to do the cleaning. He considers the landlord’s claim is in any event excessive and not consistent with their legal obligations.
The RTA does not require the premises to be returned in an immaculate condition - only in a reasonably clean and tidy state. A house does not have to be cleaned to a professional standard. A tenant is not required to rigorously clean. It is common that a landlord wishes to clean to this "extra" level. However, that is a business decision that a landlord makes at their cost.
There is no scientific way to determine what is reasonably clean and tidy. What is required is for the Tribunal to evaluate the evidence available (particularly photographs presented) and then consider whether the premises would be reasonably clean.
The landlord’s photographs show some cleaning was required (in particular the kitchen, bathroom, doors and windows) to bring the premises up to a reasonably clean and tidy condition. However, contrary to the landlord’s view, I find the landlord waived compliance with the tenant’s obligation to leave the carpet in a reasonably clean condition at the end of the tenancy by stating in communication with the tenant on 10 September “About the carpet, the owner will replace the carpet, so you don’t have to clean”. Therefore, I have partially allowed the landlord’s claim for cleaning of $414.00 which is fair and reasonable, having deducted the amount relating to carpet cleaning ($230.00).
The landlord claims $264.50 for rubbish removal. The landlord relies on photographic evidence taken at the end of the tenancy and an invoice for skip bin hire.
The tenant disputes liability for the full amount claimed as he says that some of the rubbish (including items in the garage) belonged to the landlord. This was acknowledged by the landlord who confirmed that they were only seeking costs for the hire of the small skip bin to remove the tenant’s rubbish only.
In the circumstances, having carefully considered the parties’ positions and the evidence, I accept the landlord’s claim. I allow the landlord’s claim for rubbish removal of $264.40.
The amounts ordered are proved.
As the landlord has substantially succeeded with the claim, I consider it reasonable to order the other party to reimburse the filing fee.

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 4727648 — net $698.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$414.00	claim for cleaning of $414.00 which is fair and reasonable, having deducted the amount relating to carpet cleaning ($230.00).
Rubbish removal - small skip bin hire	$264.50	Rubbish removal - small skip bin hire
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$698.94
Total payable by Tenant to Landlord	$698.94

Claims and awards for application 4727648 — net $698.94 NZD. Verify on MoJ.

Cleaning

Amount: $414.00
Awarded to: Landlord
Reason: claim for cleaning of $414.00 which is fair and reasonable, having deducted the amount relating to carpet cleaning ($230.00).

Rubbish removal - small skip bin hire

Amount: $264.50
Awarded to: Landlord
Reason: Rubbish removal - small skip bin hire

Filing fee reimbursement

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

Net award

Landlord $698.94

Total payable by Tenant to Landlord

Landlord $698.94

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rubbish Removal

Order

Avinash Pandaram must pay Quick Rental Ltd As Agent For Yan Zhuang $698.94 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing which was held by teleconference.
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 and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”).
The tenancy ended on 4 September 2023.
The landlord says the tenant did not leave the property reasonably clean and tidy and claims $644.00 for cleaning. The landlord relies on photographic evidence taken at the end of the tenancy and an invoice for cleaning.
The tenant refutes the landlord’s claim and says he had hired a commercial cleaner to do the cleaning. He considers the landlord’s claim is in any event excessive and not consistent with their legal obligations.
The RTA does not require the premises to be returned in an immaculate condition - only in a reasonably clean and tidy state. A house does not have to be cleaned to a professional standard. A tenant is not required to rigorously clean. It is common that a landlord wishes to clean to this "extra" level. However, that is a business decision that a landlord makes at their cost.
There is no scientific way to determine what is reasonably clean and tidy. What is required is for the Tribunal to evaluate the evidence available (particularly photographs presented) and then consider whether the premises would be reasonably clean.
The landlord’s photographs show some cleaning was required (in particular the kitchen, bathroom, doors and windows) to bring the premises up to a reasonably clean and tidy condition. However, contrary to the landlord’s view, I find the landlord waived compliance with the tenant’s obligation to leave the carpet in a reasonably clean condition at the end of the tenancy by stating in communication with the tenant on 10 September “About the carpet, the owner will replace the carpet, so you don’t have to clean”. Therefore, I have partially allowed the landlord’s claim for cleaning of $414.00 which is fair and reasonable, having deducted the amount relating to carpet cleaning ($230.00).
The landlord claims $264.50 for rubbish removal. The landlord relies on photographic evidence taken at the end of the tenancy and an invoice for skip bin hire.
The tenant disputes liability for the full amount claimed as he says that some of the rubbish (including items in the garage) belonged to the landlord. This was acknowledged by the landlord who confirmed that they were only seeking costs for the hire of the small skip bin to remove the tenant’s rubbish only.
In the circumstances, having carefully considered the parties’ positions and the evidence, I accept the landlord’s claim. I allow the landlord’s claim for rubbish removal of $264.40.
The amounts ordered are proved.
As the landlord has substantially succeeded with the claim, I consider it reasonable to order the other party to reimburse the filing fee.

Tenancy Tribunal case 4727648 — Cleanliness at 429 Blockhouse Bay Road, Blockhouse Bay, Auckland 0600

At a glance

Tenancy Tribunal case 4727648 — Cleanliness at 429 Blockhouse Bay Road, Blockhouse Bay, Auckland 0600

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