What was the outcome of Tenancy Tribunal case 4928993?

The tribunal order states: Zoran Nesic must pay Oxygen.Co.Nz Limited As Agent For Nuan Koru Limited

How much money was awarded in case 4928993?

Cleaning: $440.00 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $1,828.00 awarded to landlord; Rent Owed 7 - 9 June 2024: $351.43 awarded to landlord

What type of tenancy dispute was case 4928993?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4928993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11018408-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4928993?

The tribunal order states: Zoran Nesic must pay Oxygen.Co.Nz Limited As Agent For Nuan Koru Limited

How much money was awarded in case 4928993?

Cleaning: $440.00 awarded to landlord; Cleaning: $600.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $1,828.00 awarded to landlord; Rent Owed 7 - 9 June 2024: $351.43 awarded to landlord

What type of tenancy dispute was case 4928993?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4928993?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11018408-Tenancy_Tribunal_Order.pdf.

Unit/Flat 3, 40 Phillip Street, Johnsonville, Wellington 6037 Tenancy Tribunal Case 4928993 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4928993 — net $486.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed 7 - 9 June 2024	$351.43	Rent owed 7 - 9 June 2024
Carpet Cleaning	$440.00	Carpet Cleaning
Lawns and Garden work	$1,828.00	Lawns and Garden work
Cleaning	$600.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$486.43
Total payable by Tenant to Landlord	$486.43

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenant gave notice and the last day on the notice was 6 June 2024. The tenant ran out of time and the parties agreed he could have the weekend to finish cleaning and moving. I find the tenancy ended on 9 June 2024 and the tenant should pay rent to that date. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act 1986 (RTA).

In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.

The RTA 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, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.

The landlord and the tenant took photos at the end of the tenancy. The tenant’s photos are taken further back and show some areas were cleaned. The landlord’s photos are taken closer up and show the need for additional cleaning, especially in the bathrooms. I find the landlord has proved the claim for additional cleaning. I have not allowed the full amount claimed. I do not consider the tenant needed to clean ceilings and walls at the end of the tenancy. I also consider that cleaning the heat pump filters between tenancies is a landlord maintenance obligation. Taking this into account I have allowed $600 for additional cleaning to get the house to a reasonable condition.

There is a claim for carpet cleaning. The landlord had photos showing the marks and stains at the end of the tenancy and also an invoice from Jae which recorded that stains had to be removed. This claim is proved and allowed.

There is a large claim for gardening, weed eating, removing rubbish and removing the green waste. The landlord provided good photos, and supporting evidence this had been a problem throughout the tenancy. The tenant submitted he did the best he could and that his efforts were hindered by building construction next door and fallen trees. I have considered the photos. I am not persuaded the construction and the fallen tree at the back of the section would have prevented gardening. I have allowed $1828 for the work, which took two men two days.

I have not allowed the cost of replacing the weed mat. The landlord submitted that the new weed mat was destroyed by the tenant’s lack of gardening throughout the tenancy. However, there are a number of reasons for the broken weed matting, including that it was not installed properly. This claim is dismissed.

Is the tenant responsible for the damage to the premises?

There is a claim for replacing a toilet seat. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B RTA.

The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. This means I have to take loss into account. I am not persuaded there has been a loss because the toilet seat was cleaned and is being used by the new tenants. This claim is not proved and it is dismissed. Other orders

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4928993 — net $486.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent owed 7 - 9 June 2024	$351.43	Rent owed 7 - 9 June 2024
Carpet Cleaning	$440.00	Carpet Cleaning
Lawns and Garden work	$1,828.00	Lawns and Garden work
Cleaning	$600.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$486.43
Total payable by Tenant to Landlord	$486.43

Order

Zoran Nesic must pay Oxygen.Co.Nz Limited As Agent For Nuan Koru Limited $486.43 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,760.00 (5338711-006) to Oxygen.Co.Nz Limited As Agent For Nuan Koru Limited immediately.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenant gave notice and the last day on the notice was 6 June 2024. The tenant ran out of time and the parties agreed he could have the weekend to finish cleaning and moving. I find the tenancy ended on 9 June 2024 and the tenant should pay rent to that date. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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

Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy. See section 40(1)(c) and (e)(iii) Residential Tenancies Act 1986 (RTA).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
The RTA 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, not on the subjective opinions of the landlord and tenant. There is no scientific way to determine what is reasonably clean and tidy, and the Tribunal must evaluate the evidence available, and in particular inspection reports and photographs.
The landlord and the tenant took photos at the end of the tenancy. The tenant’s photos are taken further back and show some areas were cleaned. The landlord’s photos are taken closer up and show the need for additional cleaning, especially in the bathrooms. I find the landlord has proved the claim for additional cleaning. I have not allowed the full amount claimed. I do not consider the tenant needed to clean ceilings and walls at the end of the tenancy. I also consider that cleaning the heat pump filters between tenancies is a landlord maintenance obligation. Taking this into account I have allowed $600 for additional cleaning to get the house to a reasonable condition.
There is a claim for carpet cleaning. The landlord had photos showing the marks and stains at the end of the tenancy and also an invoice from Jae which recorded that stains had to be removed. This claim is proved and allowed.
There is a large claim for gardening, weed eating, removing rubbish and removing the green waste. The landlord provided good photos, and supporting evidence this had been a problem throughout the tenancy. The tenant submitted he did the best he could and that his efforts were hindered by building construction next door and fallen trees. I have considered the photos. I am not persuaded the construction and the fallen tree at the back of the section would have prevented gardening. I have allowed $1828 for the work, which took two men two days.
I have not allowed the cost of replacing the weed mat. The landlord submitted that the new weed mat was destroyed by the tenant’s lack of gardening throughout the tenancy. However, there are a number of reasons for the broken weed matting, including that it was not installed properly. This claim is dismissed.

Is the tenant responsible for the damage to the premises?

There is a claim for replacing a toilet seat. A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B RTA.
The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. This means I have to take loss into account. I am not persuaded there has been a loss because the toilet seat was cleaned and is being used by the new tenants. This claim is not proved and it is dismissed. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4928993 — Cleanliness at Unit/Flat 3, 40 Phillip Street, Johnsonville, Wellington 6037

At a glance

Tenancy Tribunal case 4928993 — Cleanliness at Unit/Flat 3, 40 Phillip Street, Johnsonville, Wellington 6037

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions