What was Tenancy Tribunal case 4922620 about?

The tribunal order states: [The tenant/s] is to pay $70.00 from the bond to [The landlord/s].

How much money was awarded in case 4922620?

Cleaning: $70.00 awarded to landlord

What type of tenancy dispute was case 4922620?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4922620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10916819-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4922620 about?

The tribunal order states: [The tenant/s] is to pay $70.00 from the bond to [The landlord/s].

How much money was awarded in case 4922620?

Cleaning: $70.00 awarded to landlord

What type of tenancy dispute was case 4922620?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4922620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10916819-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4922620 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4922620 — net $70.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$70.00	Cleaning
Net award	$70.00
Bond	$472.50
Total payable by Tenant to Landlord	$70.00

Both parties attended the hearing, which was conducted by teleconference. [The landlord/s representative] appeared for the landlord. At the hearing, both parties referred to photographic evidence, which was not available to the Tribunal. They agreed to provide this evidence after the hearing. The hearing was adjourned part-heard, and concluded on the papers, with further evidence and final written comments being received.

The issue to be determined is whether the tenant is liable for the cleaning costs of $472.50 claimed by the landlord. Background

As noted in the earlier order issued after the hearing, the tenant has filed an application for the return of the bond following the end of the tenancy (application 4922620). The total bond is $2,850.00.

The parties attended mediation on 7 August 2024 and a mediator’s order recorded that $49.00 was to be paid to the landlord for rubbish removal costs, and $2,328.50 was to be paid to the tenant. The balance of $472.50 was held in dispute, being the cleaning costs sought by the landlord.

The landlord has filed an application (4969153) seeking compensation for the cleaning costs of $472.50.

The tenant claims the premises was not given to her in a clean condition, and that she left the premises in a better condition than it was at the start of the tenancy. She states that it was reasonably clean and tidy at the end of the tenancy. The tenant provided photographic evidence, including those taken at the time she moved in, and email correspondence.

The landlord submits that the tenant is responsible for leaving the premises in a reasonably clean and tidy condition. There was some damage, which the landlord did not claim, but did seek reimbursement of the cleaning invoice. The landlord’s evidence includes its inspection reports, including the exit inspection report. Cleaning

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) of the Residential Tenancies Act 1986 (the RTA).

The tenant’s obligation is to leave the premises in a reasonably clean and reasonably tidy condition. This is not necessarily pristine, or to the standard a landlord considers acceptable for a new tenant. 1 The standard does not equate to being commercially clean 2 , spotless 3 , or hotel/motel standard of cleanliness. 4

The tenant’s view regarding the standard of cleanliness at the start of the tenancy, the photographic evidence, and her belief that it was not reasonably clean is noted. The evidence shows that the tenant had highlighted some areas of damage at the start of the tenancy, but there was no request for the landlord to address the standard of cleanliness. Therefore, if this was a concern, the best time to raise it would be at the start of the tenancy, although I do understand her reasons for not doing so. Since the tenant took over an existing tenancy, the outgoing tenant may also have some responsibility.

Ultimately, the most relevant evidence is that which shows the condition of the premises at the end of the tenancy. In this regard, I found the landlord’s property inspection report helpful. This is detailed, contains photographs and written comments made at the time of the inspection. The landlord’s property inspection report shows that, for the most part, the tenant did leave the premises in a reasonably clean and reasonably tidy condition. However, there were some areas that required further cleaning. For this additional cleaning, the landlord is to be compensated, in the amount of $70.00 for cleaning costs. The balance of these costs is not the responsibility of the tenant. Filing fee

As each party has had some measure of success, they are to bear the cost of their own filing fee.

Claims and awards in Tenancy Tribunal application 4922620 — net $70.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$70.00	Cleaning
Net award	$70.00
Bond	$472.50
Total payable by Tenant to Landlord	$70.00

Order

[The tenant/s] is to pay $70.00 from the bond to [The landlord/s].
The Bond Centre is to pay the bond of $472.50 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $70.00 [The tenant/s]: $402.50

Reasons

Both parties attended the hearing, which was conducted by teleconference. [The landlord/s representative] appeared for the landlord. At the hearing, both parties referred to photographic evidence, which was not available to the Tribunal. They agreed to provide this evidence after the hearing. The hearing was adjourned part-heard, and concluded on the papers, with further evidence and final written comments being received.
The issue to be determined is whether the tenant is liable for the cleaning costs of $472.50 claimed by the landlord. Background
As noted in the earlier order issued after the hearing, the tenant has filed an application for the return of the bond following the end of the tenancy (application 4922620). The total bond is $2,850.00.
The parties attended mediation on 7 August 2024 and a mediator’s order recorded that $49.00 was to be paid to the landlord for rubbish removal costs, and $2,328.50 was to be paid to the tenant. The balance of $472.50 was held in dispute, being the cleaning costs sought by the landlord.
The landlord has filed an application (4969153) seeking compensation for the cleaning costs of $472.50.
The tenant claims the premises was not given to her in a clean condition, and that she left the premises in a better condition than it was at the start of the tenancy. She states that it was reasonably clean and tidy at the end of the tenancy. The tenant provided photographic evidence, including those taken at the time she moved in, and email correspondence.
The landlord submits that the tenant is responsible for leaving the premises in a reasonably clean and tidy condition. There was some damage, which the landlord did not claim, but did seek reimbursement of the cleaning invoice. The landlord’s evidence includes its inspection reports, including the exit inspection report. Cleaning
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) of the Residential Tenancies Act 1986 (the RTA).
The tenant’s obligation is to leave the premises in a reasonably clean and reasonably tidy condition. This is not necessarily pristine, or to the standard a landlord considers acceptable for a new tenant. 1 The standard does not equate to being commercially clean 2 , spotless 3 , or hotel/motel standard of cleanliness. 4
The tenant’s view regarding the standard of cleanliness at the start of the tenancy, the photographic evidence, and her belief that it was not reasonably clean is noted. The evidence shows that the tenant had highlighted some areas of damage at the start of the tenancy, but there was no request for the landlord to address the standard of cleanliness. Therefore, if this was a concern, the best time to raise it would be at the start of the tenancy, although I do understand her reasons for not doing so. Since the tenant took over an existing tenancy, the outgoing tenant may also have some responsibility.
Ultimately, the most relevant evidence is that which shows the condition of the premises at the end of the tenancy. In this regard, I found the landlord’s property inspection report helpful. This is detailed, contains photographs and written comments made at the time of the inspection. The landlord’s property inspection report shows that, for the most part, the tenant did leave the premises in a reasonably clean and reasonably tidy condition. However, there were some areas that required further cleaning. For this additional cleaning, the landlord is to be compensated, in the amount of $70.00 for cleaning costs. The balance of these costs is not the responsibility of the tenant. Filing fee
As each party has had some measure of success, they are to bear the cost of their own filing fee.

Tenancy Tribunal case 4922620 — Cleanliness

At a glance

Tenancy Tribunal case 4922620 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions