What was Tenancy Tribunal case 4850240 about?

The tribunal order states: Kerry Rapana and Maryanne Otene must pay [The landlord/s] $2,499.01

How much money was awarded in case 4850240?

Cleaning: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,818.57 awarded to landlord; Rubbish Removal: $1,400.00 awarded to landlord

What type of tenancy dispute was case 4850240?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4850240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11164420-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4850240 about?

The tribunal order states: Kerry Rapana and Maryanne Otene must pay [The landlord/s] $2,499.01

How much money was awarded in case 4850240?

Cleaning: $800.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,818.57 awarded to landlord; Rubbish Removal: $1,400.00 awarded to landlord

What type of tenancy dispute was case 4850240?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4850240?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11164420-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4850240 — Rent arrears

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 4850240 — net $2,499.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 April 2024	$1,818.57	Rent arrears to 18 April 2024
Cleaning	$800.00	Cleaning
Rubbish removal	$1,400.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,499.01
Total payable by Tenant to Landlord	$2,499.01

This matter was initially listed for hearing on 15 August 2024. At that hearing, [ redacted] appeared in person, while the tenants appeared by telephone. The matter was adjourned, and disclosure directions were issued. On 27 September 2024, the matter was re-listed for a telephone hearing on 02 December 2024.

[ redacted] has appeared for the landlord. The tenants have appeared. Both parties appeared by telephone.

The tenancy commenced on 19 November 2020 and ended on 18 April 2024 after the tenant gave notice.

The landlord claims: i. That the tenant owes rent arrears to the end of the tenancy, ii. That the tenant failed to leave the property reasonably clean and tidy and remove all rubbish.

A claim that the tenant is liable for damage to a door and wall in the lounge has been withdrawn.

Apart from the rent arrears the tenant denies the claims for cleaning and rubbish removal.

The onus is on the landlord to prove these claims. The standard of proof in civil claims is on the balance of probabilities. The landlord must establish that it is more probable than not the tenant has breached the terms of the tenancy agreement or the provisions of the Residential Tenancies Act 1986 (The “Act”) How much is owed for rent.

The landlord provided rent records which prove the amount owing at the end of the tenancy on 18 April 2024.

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

The landlord claims that the tenant failed to leave the property reasonably clean and remove all rubbish. The landlord is claiming cleaning costs of $1,100.00, and $1,725.00 to remove rubbish.

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) of the Act. Cleaning

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, and not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy. Determining whether the tenant has failed to leave the property reasonably clean and tidy, and remove all rubbish, will involve an objective assessment. The Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The landlord has produced a detailed end of tenancy inspection report which includes photographs. The landlord states that the inspection occurred approximately two hours after the keys were returned and no one entered the property in the interim.

The property comprises three bedrooms, an open plan kitchen / dining / lounge, a bathroom, and a separate toilet.

The tenant states they were unable to complete cleaning before having to vacate, but denies liability for removing any mould, stating that the property suffered moisture and mould issues. The landlord denies that the property suffered moisture and mould issues, stating that any mould removed had been attributable to the tenant failing to ventilate the property properly.

Reviewing the photographs and hearing from the parties, I am satisfied that the tenant has failed to leave the property in a reasonably clean and tidy condition.

The invoice shows that mould was removed from the bedroom opposite the bathroom. However, mould cannot be seen in any of the end of tenancy photographs. I therefore reduce the amount claimed by $100.00.

The invoice shows, over and above vacuuming and shampooing, additional time and effort was expended removing carpet stains. The pre tenancy report shows that the carpet had preexisting stains throughout the house. I further reduce the claim by $200.00.

I am satisfied the remaining $800.00 for cleaning is justified. Rubbish

The landlord states that two truckloads of rubbish were removed from the property. Photographs show items left inside, including lounge room furniture and other household items. There is also a considerable amount of rubbish left piled in a small garden shed, both the council red and yellow bins have general rubbish in them, there is other assorted rubbish lying around the property. The landlord also claims that rubbish was found under the house. The tenant disputes this.

There are no photographs showing underneath the house.

Pre tenancy photographs also show some items of rubbish already present, including an old desk and what appears to be a heater and other items in the small shed. There is a lawn mower and a bicycle outside. The tenant should not be liable for removal of these items.

I reduce the claim by $325.00. I am satisfied the remaining $1,400.00 of the claim is reasonable. Costs

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression.

Both parties seek name suppression.

Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case.

The landlord has been substantially successful in these proceedings and is granted name suppression. There are no grounds to supress the name of the tenant.

Reasons

Claims and awards in Tenancy Tribunal application 4850240 — net $2,499.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 18 April 2024	$1,818.57	Rent arrears to 18 April 2024
Cleaning	$800.00	Cleaning
Rubbish removal	$1,400.00	Rubbish removal
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$2,499.01
Total payable by Tenant to Landlord	$2,499.01