What was the outcome of Tenancy Tribunal case 4841863?

The tribunal order states: Nick Flanagan to pay Goodwin Realty Limited T/A: Goodwins As Agent For

How much money was awarded in case 4841863?

Cleaning: $184.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4841863?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4841863?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10397669-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4841863?

The tribunal order states: Nick Flanagan to pay Goodwin Realty Limited T/A: Goodwins As Agent For

How much money was awarded in case 4841863?

Cleaning: $184.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4841863?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4841863?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10397669-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 4901, 10 Commerce Street, Auckland Central, Tenancy Tribunal Case 4841863 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4841863 — net $204.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$184.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$204.44
Total payable by Tenant to Landlord	$204.44

Both parties attended the hearing by video.

The landlord has applied for compensation for cleaning costs, refund of the bond and reimbursement of the filing fee.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The Landlord claimed the Tenant did not leave the premises reasonably clean and tidy. Exit inspection photographs were provided which showed residue on the fridge surfaces, dirty drawers in bedroom 3, scuff marks on the wall of bedroom 3, white marks on the main bathroom sink, ensuite shelves and wall had marks, the interior of the rangehood and oven were dirty and sofa cushions required vacuuming. The Landlord presented an invoice for cleaning and submitted had this been a deep-clean of the property, the expense would have been significantly higher. The Landlord was merely attempting to claim costs for the spots which were missed.

The Tenant disputed the cleaning costs submitting they had left the property reasonably clean and tidy. This was an attempt by the Landlord to claim costs for a ‘pre-tenancy’ clean. The Landlord had intentionally disassembled the rangehood and moved cushions and drawers to clean however the Tenant was not obliged to clean to this extent. The Tenant had lived in this property for two years with his two young children so the standard of cleanliness and tidiness should be understood in this context. The Landlord also never gave the Tenant an opportunity to remedy the cleaning but simply presented them with an invoice which stated ‘pre tenancy clean’. Moreover, during the tenancy, the Tenant had professional cleaners attend every fortnight so it was consistently in a tidy condition.

In considering the evidence, I find it more likely than not from the exit photographs presented that the Tenant did not leave the property in a reasonably clean and tidy condition. The photographs showed dirt marks which were immediately apparent on the shelves, wall surfaces and bench surfaces that were not the result of the Landlord shifting items to reveal hidden surfaces. The oven and the rangehood were also left unclean. This cleaning is the obligation of the Tenant during and at the end of the tenancy. The Landlord also submitted the Tenant did not afford them the opportunity to clean these items however a Landlord is not required to do so.

I do not consider the Landlord was attempting to claim ‘deep cleaning costs’ in between tenancies. Given the rental property was at the higher-end of the rental market, I am inclined to agree with the Landlord’s submission that this cleaning quote would have been much higher if it were. I find the only part of the cleaning which was unreasonable, was the removal of debris from the cracks of the cushions. I have partially reduced the Landlord’s claim to take this into account and also because the cleaner’s rate was $40.00 per hour which would equate this job to a full day of cleaning. I find a more reasonable timeframe for the touch-ups and spruces to be four hours and have reduced the amount accordingly.

The amounts ordered are proved.

As the Landlord has been wholly successful, the Tenant shall reimburse the filing fee to the Tenant.

There have been no Orders for name suppression granted as this was not requested by the parties.

Claims and awards in Tenancy Tribunal application 4841863 — net $204.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$184.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$204.44
Total payable by Tenant to Landlord	$204.44

Order

Nick Flanagan to pay Goodwin Realty Limited T/A: Goodwins As Agent For Mike & Louise Livingstone $204.44 from the bond, calculated as shown in table below.
The Bond Centre shall pay the Landlord $204.44 immediately. The balance of the Bond shall remain at the Bond Centre.

Reasons

Both parties attended the hearing by video.
The landlord has applied for compensation for cleaning costs, refund of the bond and reimbursement of the filing fee.

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. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The Landlord claimed the Tenant did not leave the premises reasonably clean and tidy. Exit inspection photographs were provided which showed residue on the fridge surfaces, dirty drawers in bedroom 3, scuff marks on the wall of bedroom 3, white marks on the main bathroom sink, ensuite shelves and wall had marks, the interior of the rangehood and oven were dirty and sofa cushions required vacuuming. The Landlord presented an invoice for cleaning and submitted had this been a deep-clean of the property, the expense would have been significantly higher. The Landlord was merely attempting to claim costs for the spots which were missed.
The Tenant disputed the cleaning costs submitting they had left the property reasonably clean and tidy. This was an attempt by the Landlord to claim costs for a ‘pre-tenancy’ clean. The Landlord had intentionally disassembled the rangehood and moved cushions and drawers to clean however the Tenant was not obliged to clean to this extent. The Tenant had lived in this property for two years with his two young children so the standard of cleanliness and tidiness should be understood in this context. The Landlord also never gave the Tenant an opportunity to remedy the cleaning but simply presented them with an invoice which stated ‘pre tenancy clean’. Moreover, during the tenancy, the Tenant had professional cleaners attend every fortnight so it was consistently in a tidy condition.
In considering the evidence, I find it more likely than not from the exit photographs presented that the Tenant did not leave the property in a reasonably clean and tidy condition. The photographs showed dirt marks which were immediately apparent on the shelves, wall surfaces and bench surfaces that were not the result of the Landlord shifting items to reveal hidden surfaces. The oven and the rangehood were also left unclean. This cleaning is the obligation of the Tenant during and at the end of the tenancy. The Landlord also submitted the Tenant did not afford them the opportunity to clean these items however a Landlord is not required to do so.
I do not consider the Landlord was attempting to claim ‘deep cleaning costs’ in between tenancies. Given the rental property was at the higher-end of the rental market, I am inclined to agree with the Landlord’s submission that this cleaning quote would have been much higher if it were. I find the only part of the cleaning which was unreasonable, was the removal of debris from the cracks of the cushions. I have partially reduced the Landlord’s claim to take this into account and also because the cleaner’s rate was $40.00 per hour which would equate this job to a full day of cleaning. I find a more reasonable timeframe for the touch-ups and spruces to be four hours and have reduced the amount accordingly.
The amounts ordered are proved.
As the Landlord has been wholly successful, the Tenant shall reimburse the filing fee to the Tenant.
There have been no Orders for name suppression granted as this was not requested by the parties.

Tenancy Tribunal case 4841863 — Cleanliness at Unit/Flat Unit 4901, 10 Commerce Street, Auckland Central,

At a glance

Tenancy Tribunal case 4841863 — Cleanliness at Unit/Flat Unit 4901, 10 Commerce Street, Auckland Central,

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