How much money was awarded in case 4922535?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4922535?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4922535?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10801659-Tribunal_Order.pdf.

How much money was awarded in case 4922535?

Cleaning: $400.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord

What type of tenancy dispute was case 4922535?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4922535?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10801659-Tribunal_Order.pdf.

292A West Coast Road, Glen Eden, Auckland 0602 Tenancy Tribunal Case 4922535 — Cleanliness

Q: What was the outcome of Tenancy Tribunal case 4922535?

The tribunal order states: Thomasina Katene to pay Austar Property Services Limited Acting Agent For

Order

Claims and awards in Tenancy Tribunal application 4922535 — net $420.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$420.44
Total payable by Tenant to Landlord	$420.44

Thomasina Katene to pay Austar Property Services Limited Acting Agent For Fay & Laurie Neeson $420.44 from the bond, calculated as shown in the table below:

The Bond Centre is to pay the bond of $420.44 (5403868-009) to Austar Property Services Limited Acting Agent For Fay & Laurie Neeson immediately. The Bond Centre is to pay the bond of $647.95 (5403868-009) to Thomasina Katene immediately.

Reasons

Both parties attended the hearing which took place on 26 August 2024.

The landlord originally applied for rent arrears, outgoings, compensation for cleaning of the carpet, general cleaning and disposal of rubbish, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

However, the parties attended mediation on 22 July 2024 and the mediator produced a Mediator’s Report (Application Number: 4922535) recording the parties’ agreement that: a. The tenant owed the following sums: $454.33 for rent arrears to 28 May 2024; $327.28 for outgoings; and $230 for the cleaning of the carpet; b. The total sum ($1,011.61 inclusive of GST) was to be deducted from the bond and paid to the landlord; c. The outstanding matters were to be referred to the Tribunal; and d. The Tribunal be requested to record the above in the final order.

The above sums have been deducted from the bond.

The outstanding claims were reimbursement for general cleaning and rubbish removal.

Following the hearing, the landlord advised that it no longer wished to pursue the claim for rubbish removal. That claim is withdrawn.

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

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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.

The RTA does not require the premises to be returned in an immaculate condition, only in a reasonably clean and tidy state. 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 to determine whether the premises would be reasonably clean.

The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).

The onus for establishing the claim, sits with the person making it. If the landlord is seeking to recover costs for cleaning, it is the landlord who must prove that the tenant has breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the landlord does not establish a breach to the balance of probability, then their claim will be dismissed.

The landlord provided detailed entry and exit inspection reports with photographs showing that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord also provided an invoice for the cleaning work of $760.00 (inclusive of GST.) The invoice did not specify the hourly rate or the number of hours worked. Following the hearing, the landlord advised that the hourly rate was $40 (inclusive of GST) and the cleaner spent 19 hours cleaning the property.

The property is a three-bedroom, one bathroom house. While the premises were not left reasonably clean and tidy by the tenant, I do not consider 19 hours of cleaning work was required to get the property to a reasonably clean and tidy state. I consider 10 hours would have been sufficient and award $400 (inclusive of GST) for this claim.

Austar Property Services Limited Acting Agent For Fay & Laurie Neeson has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 4922535 — net $420.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$420.44
Total payable by Tenant to Landlord	$420.44

Order

Thomasina Katene to pay Austar Property Services Limited Acting Agent For Fay & Laurie Neeson $420.44 from the bond, calculated as shown in the table below:
The Bond Centre is to pay the bond of $420.44 (5403868-009) to Austar Property Services Limited Acting Agent For Fay & Laurie Neeson immediately. The Bond Centre is to pay the bond of $647.95 (5403868-009) to Thomasina Katene immediately.

Reasons

Both parties attended the hearing which took place on 26 August 2024.
The landlord originally applied for rent arrears, outgoings, compensation for cleaning of the carpet, general cleaning and disposal of rubbish, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
However, the parties attended mediation on 22 July 2024 and the mediator produced a Mediator’s Report (Application Number: 4922535) recording the parties’ agreement that: a. The tenant owed the following sums: $454.33 for rent arrears to 28 May 2024; $327.28 for outgoings; and $230 for the cleaning of the carpet; b. The total sum ($1,011.61 inclusive of GST) was to be deducted from the bond and paid to the landlord; c. The outstanding matters were to be referred to the Tribunal; and d. The Tribunal be requested to record the above in the final order.
The above sums have been deducted from the bond.
The outstanding claims were reimbursement for general cleaning and rubbish removal.
Following the hearing, the landlord advised that it no longer wished to pursue the claim for rubbish removal. That claim is withdrawn.

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

Section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (RTA) provides that 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.
The RTA does not require the premises to be returned in an immaculate condition, only in a reasonably clean and tidy state. 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 to determine whether the premises would be reasonably clean.
The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).
The onus for establishing the claim, sits with the person making it. If the landlord is seeking to recover costs for cleaning, it is the landlord who must prove that the tenant has breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the landlord does not establish a breach to the balance of probability, then their claim will be dismissed.
The landlord provided detailed entry and exit inspection reports with photographs showing that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord also provided an invoice for the cleaning work of $760.00 (inclusive of GST.) The invoice did not specify the hourly rate or the number of hours worked. Following the hearing, the landlord advised that the hourly rate was $40 (inclusive of GST) and the cleaner spent 19 hours cleaning the property.
The property is a three-bedroom, one bathroom house. While the premises were not left reasonably clean and tidy by the tenant, I do not consider 19 hours of cleaning work was required to get the property to a reasonably clean and tidy state. I consider 10 hours would have been sufficient and award $400 (inclusive of GST) for this claim.
Austar Property Services Limited Acting Agent For Fay & Laurie Neeson has substantially succeeded with the claim. For this reason, I have ordered reimbursement of the filing fee.

Tenancy Tribunal case 4922535 — Cleanliness at 292A West Coast Road, Glen Eden, Auckland 0602

At a glance

Tenancy Tribunal case 4922535 — Cleanliness at 292A West Coast Road, Glen Eden, Auckland 0602

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