What was the outcome of Tenancy Tribunal case 4935573?

The tribunal order states: Madison-Bree Rangitihi-Paki must pay Property Brokers Limited $641.37

How much money was awarded in case 4935573?

Cleaning: $1,096.32 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4818737 D…: $20.44 awarded to landlord; Rent Arrears: $342.86 awarded to landlord; Ranch Slider: $310.00 awarded to landlord; Wall And Wardrobe Door: $586.50 awarded to landlord; Rubbish Removal: $178.25 awarded to landlord

What type of tenancy dispute was case 4935573?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 4935573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10716083-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4935573?

The tribunal order states: Madison-Bree Rangitihi-Paki must pay Property Brokers Limited $641.37

How much money was awarded in case 4935573?

Cleaning: $1,096.32 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4818737 D…: $20.44 awarded to landlord; Rent Arrears: $342.86 awarded to landlord; Ranch Slider: $310.00 awarded to landlord; Wall And Wardrobe Door: $586.50 awarded to landlord; Rubbish Removal: $178.25 awarded to landlord

What type of tenancy dispute was case 4935573?

The primary dispute was Cleanliness. Related themes: Property damage, Rent arrears.

Where can I read the official tribunal order for case 4935573?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10716083-Tenancy_Tribunal_Order.pdf.

110 Koromiko Road, Gonville, Whanganui 4501 Tenancy Tribunal Case 4935573 — Cleanliness

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Reasons

Claims and awards in Tenancy Tribunal application 4935573 — net $641.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$342.86	Rent arrears
Previous order application 4818737 dated 12/03/2024	$20.44	Previous order application 4818737 dated 12/03/2024
Cleaning	$1,096.32	Cleaning
Rubbish removal	$178.25	Rubbish removal
Repairs: ranch slider	$310.00	Repairs: ranch slider
Repairs: wall and wardrobe door	$586.50	Repairs: wall and wardrobe door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$641.37
Total payable by Tenant to Landlord	$641.37

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 tenancy ended on 17 March 2024. Although the tenant had kept her rent up-to-date during the 3-year tenancy, there was a part week owing at the end of the tenancy. The tenant had believed she did not have to pay for the last few days, based on a statement made to her by the property manager that she did not need to pay any more rent. The manager does not recall saying that.

I find it unlikely that a property manager would have waived the owner’s right to receive rent while the tenant still occupied the premises. The tenant has not established that there was any such agreement. Accordingly I order her to pay the balance owing of $342.86.

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.

The tenant disputed that she did not leave the premises reasonably clean and tidy, and remove all rubbish. She said there had been a property inspection only two weeks before the tenancy terminated and no issue had been raised. She also said that the property manager who had been managing the property did not attend for a final inspection and to collect the keys; she had had to drop the keys off at the office. She said that the property was not clean when she moved in.

The landlord produced photographs taken at the start of the tenancy. The property appears clean and tidy. In photographs taken on 18 March 2024 it appears that the premises were not reasonably clean and tidy. Surfaces in the cupboards had not been wiped. There was built-up dirt on some skirting boards and windowsills. The oven needed cleaning. There were cobwebs, and dark marks around door handles and power outlets.

The landlord has established that the premises were not reasonably clean.

The tenant is understandably upset that anyone would say she was paru. She prides herself on being clean and tidy. The Tribunal acknowledges that she had not had a lot of time to move out and get all cleaning done in a property she had lived at for over 3 years.

The cleaning costs were $1,430 plus GST.

The landlord properly acknowledged that some cleaning is often required before a new tenancy starts to get the property immaculate and conceded that some deduction could be made from the invoice.

I have decided that the tenant should pay two-thirds of the bill, which comes to $1,096.32 including GST.

The landlord also sought $155 plus GST for rubbish removal. The tenant was adamant that she had put all rubbish out for collection. The issue was some items that had accumulated under the house. The landlord provided photographs showing that apart from one small table, there was nothing under the house at the start of the tenancy. I am satisfied that the tenant is responsible for the items that needed to be removed. The amount of $178.25 is ordered.

Is the tenant responsible for the damage to the premises?

The landlord claimed $270 plus GST for repair of a ranch slider door, and $510 plus GST for repairs to a hallway wall and a wardrobe door.

The tenant accepted that she was responsible for some damage to the hallway wall and the ranch slider door. She did not accept that she had damaged the wardrobe door and she questioned the amount claimed for the damage in the hallway and wardrobe.

The damage to the wardrobe is a small gouge in the lower part of the wardrobe door. The tenant denies this happened during the tenancy and notes it was not raised during the property inspection that was undertaken two weeks before the end of the tenancy.

The landlord provided a photograph of the wardrobe door at the start of the tenancy, showing it was in good condition.

The photograph taken on 18 March shows the damage.

I am satisfied that it is more likely than not that the damage occurred during the tenancy and is more than fair wear and tear. It is possible that that the damage occurred during the last two weeks of the tenancy including during the removal of furniture at the end of the tenancy. In any event, the tenant has not proved she is not responsible for the damage.

The amount claimed for the hall and the wardrobe door is $586.50 including GST.

The Tribunal makes determinations on similar matters on thousands of cases per year and the amounts claimed vary. Similar claims before the Tribunal are sometimes a little less than the present one. It would have been helpful if the invoice had set out exactly what work was done on each of these, e.g. plastering, sanding, undercoat, paint and the cost of any materials.

Although the tenant has queried the amount claimed, she has not provided any evidence to show that it is unreasonable. I am therefore not persuaded I should make any adjustment.

The amounts ordered are proved.

The claim for lawns and gardens was withdrawn at the hearing.

Because Property Brokers Limited has wholly succeeded with the claim I must reimburse the filing fee.

Reasons

Claims and awards in Tenancy Tribunal application 4935573 — net $641.37 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$342.86	Rent arrears
Previous order application 4818737 dated 12/03/2024	$20.44	Previous order application 4818737 dated 12/03/2024
Cleaning	$1,096.32	Cleaning
Rubbish removal	$178.25	Rubbish removal
Repairs: ranch slider	$310.00	Repairs: ranch slider
Repairs: wall and wardrobe door	$586.50	Repairs: wall and wardrobe door
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$641.37
Total payable by Tenant to Landlord	$641.37

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?

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 and remove all rubbish. See section 40(1)(e) Residential Tenancies Act 1986.

The landlord has established that the premises were not reasonably clean.

The cleaning costs were $1,430 plus GST.

The landlord properly acknowledged that some cleaning is often required before a new tenancy starts to get the property immaculate and conceded that some deduction could be made from the invoice.

I have decided that the tenant should pay two-thirds of the bill, which comes to $1,096.32 including GST.

Is the tenant responsible for the damage to the premises?

The landlord claimed $270 plus GST for repair of a ranch slider door, and $510 plus GST for repairs to a hallway wall and a wardrobe door.

The landlord provided a photograph of the wardrobe door at the start of the tenancy, showing it was in good condition.

The photograph taken on 18 March shows the damage.

The amount claimed for the hall and the wardrobe door is $586.50 including GST.

Although the tenant has queried the amount claimed, she has not provided any evidence to show that it is unreasonable. I am therefore not persuaded I should make any adjustment.

The amounts ordered are proved.

The claim for lawns and gardens was withdrawn at the hearing.

Because Property Brokers Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4935573 — Cleanliness at 110 Koromiko Road, Gonville, Whanganui 4501

At a glance

Tenancy Tribunal case 4935573 — Cleanliness at 110 Koromiko Road, Gonville, Whanganui 4501

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their 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

Order

Reasons

How much is owed for rent?

Did the tenant comply with their 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