How much money was awarded in case 4934533?

Cleaning: $25.00 awarded to landlord

What type of tenancy dispute was case 4934533?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4934533?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11648649-Tribunal_Order.pdf.

How much money was awarded in case 4934533?

Cleaning: $25.00 awarded to landlord

What type of tenancy dispute was case 4934533?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4934533?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11648649-Tribunal_Order.pdf.

441A Tweed Street, Georgetown, Invercargill 9812 Tenancy Tribunal Case 4934533 — Cleanliness

Q: What was Tenancy Tribunal case 4934533 about?

The tribunal order states: [The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay Neville John Neems As Trustee Of

Order

Claims and awards in Tenancy Tribunal application 4934533. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning shower waste tap	$25.00		Cleaning shower waste tap

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay Neville John Neems As Trustee Of The Neville John Neems Family Trust $25.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,775.00 (5845642-010) immediately apportioned as follows: Neville John Neems As Trustee Of The Neville John Neems Family Trust: $25.00 [The tenant/s] tenant/s] and [The tenant/s] tenant/s]: $1,775.00

Reasons

Both parties attended the hearing.

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

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 landlord claims for a number of matters he considers were not reasonably clean and tidy. They include the concrete path, gardens, shower, windows inside and out, costs for the travel that he estimated was the distance and amount he could claim, and for cleaning products he estimated given he already had the products.

There was no photo evidence to support these claims nor invoices. He claimed an hourly rate of $50.00 for undertaking the clean-up himself.

The tenant however supplied photos of the property at the end of the tenancy.

I find that the photos show that the clean-up was “reasonable”. The evidence from the tenants is that they used buckets of soapy water to scrub the down concrete but had no hose. They also gave evidence that there was no final inspection on the day they left, but that there was an inspection approximately 19 days earlier, and nothing was bought to their attention.

To claim for clean-up costs photo evidence is expected.

There is insufficient evidence to support the claim and therefore I must dismiss the claim, excluding the shower plug. The tenants accepted that they cleaned it monthly but forgot on the final clean-up. On the balance of probabilities therefore I will accept this portion of the claim and dismiss the balance.

The landlord further claims compensation for $3.00 per day as the tenant failed to comply with the terms of the Residential Tenancies Agreement in that they had caged birds inside and they should have been in the garage.

The landlord stated he suspected they were inside and states he never saw them inside. The tenant claims that it was verbally discussed and agreed to and that the landlord was in the house on many occasions during the twelve month tenancy and never gave them a notice to remedy. The claim is for compensation solely on the basis of the agreement not being followed.

To be successful I would need to be satisfied that the breach caused a loss or damages to the Landlords home as a result of the breach. No such evidence exists, and the claim is dismissed.

I am not prepared to award the filing fee given that the claim is largely dismissed.

Both parties confirmed that they had presented their case and that that concluded all matters in relation to this claim.

Claims and awards in Tenancy Tribunal application 4934533. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning shower waste tap	$25.00		Cleaning shower waste tap

Order

[The tenant/s] tenant/s] and [The tenant/s] tenant/s] to pay Neville John Neems As Trustee Of The Neville John Neems Family Trust $25.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,775.00 (5845642-010) immediately apportioned as follows: Neville John Neems As Trustee Of The Neville John Neems Family Trust: $25.00 [The tenant/s] tenant/s] and [The tenant/s] tenant/s]: $1,775.00

Reasons

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

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 landlord claims for a number of matters he considers were not reasonably clean and tidy. They include the concrete path, gardens, shower, windows inside and out, costs for the travel that he estimated was the distance and amount he could claim, and for cleaning products he estimated given he already had the products.
There was no photo evidence to support these claims nor invoices. He claimed an hourly rate of $50.00 for undertaking the clean-up himself.
The tenant however supplied photos of the property at the end of the tenancy.
I find that the photos show that the clean-up was “reasonable”. The evidence from the tenants is that they used buckets of soapy water to scrub the down concrete but had no hose. They also gave evidence that there was no final inspection on the day they left, but that there was an inspection approximately 19 days earlier, and nothing was bought to their attention.
To claim for clean-up costs photo evidence is expected.
There is insufficient evidence to support the claim and therefore I must dismiss the claim, excluding the shower plug. The tenants accepted that they cleaned it monthly but forgot on the final clean-up. On the balance of probabilities therefore I will accept this portion of the claim and dismiss the balance.
The landlord further claims compensation for $3.00 per day as the tenant failed to comply with the terms of the Residential Tenancies Agreement in that they had caged birds inside and they should have been in the garage.
The landlord stated he suspected they were inside and states he never saw them inside. The tenant claims that it was verbally discussed and agreed to and that the landlord was in the house on many occasions during the twelve month tenancy and never gave them a notice to remedy. The claim is for compensation solely on the basis of the agreement not being followed.
To be successful I would need to be satisfied that the breach caused a loss or damages to the Landlords home as a result of the breach. No such evidence exists, and the claim is dismissed.
I am not prepared to award the filing fee given that the claim is largely dismissed.
Both parties confirmed that they had presented their case and that that concluded all matters in relation to this claim.

Tenancy Tribunal case 4934533 — Cleanliness at 441A Tweed Street, Georgetown, Invercargill 9812

At a glance

Tenancy Tribunal case 4934533 — Cleanliness at 441A Tweed Street, Georgetown, Invercargill 9812

At a glance

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.