What was Tenancy Tribunal case 4964356 about?

The tribunal order states: Sari Rachmadhani must pay [The landlord/s] $785.57 immediately, calculated

How much money was awarded in case 4964356?

Cleaning: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4839223 D…: $80.00 awarded to landlord; Rent Arrears: $2,278.57 awarded to landlord

What type of tenancy dispute was case 4964356?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4964356?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10892004-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4964356 about?

The tribunal order states: Sari Rachmadhani must pay [The landlord/s] $785.57 immediately, calculated

How much money was awarded in case 4964356?

Cleaning: $400.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Previous Order Application 4839223 D…: $80.00 awarded to landlord; Rent Arrears: $2,278.57 awarded to landlord

What type of tenancy dispute was case 4964356?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4964356?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10892004-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4964356 — Rent arrears

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New Zealand Tenancy Tribunal Case 4964356 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4964356 — net $785.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,278.57	Rent arrears
Previous order application 4839223 dated 06/05/2024	$80.00	Previous order application 4839223 dated 06/05/2024
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$785.57
Total payable by Tenant to Landlord	$785.57

Claims and awards for application 4964356 — net $785.57 NZD. Verify on MoJ.

Rent arrears

Amount: $2,278.57
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4839223 dated 06/05/2024

Amount: $80.00
Awarded to: Landlord
Reason: Previous order application 4839223 dated 06/05/2024

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $785.57

Total payable by Tenant to Landlord

Landlord $785.57

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

Sari Rachmadhani must pay [The landlord/s] $785.57 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 6 May 2024 under application 4839223.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant of the number provided at the allocated hearing time. The calls were not able to be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
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 28 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,278.57.

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

Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). 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 (ss 40(1)(c) and (e)(iii) 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 standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994).
The cleaning carried out and which the landlord seeks compensation for, is to bring the premises to a condition where they could be relet. That is not the standard required of a leaving tenant. It is generally accepted that “reasonably clean and tidy” is a lower standard than leaving the premises in a condition where they could be relet.
I have reviewed the photos provided and the invoice from the cleaners. The invoice refers to a “deep clean”. That is more than the tenant was required to carry out. I consider that compensation of $400.00 is reasonable .
The amounts ordered are proven.
On 6 May 2024 the Tribunal made an order relating to this tenancy, for rubbish removal of $80.00. The previous order is incorporated into this order for enforcement purposes.
The landlord has applied for name suppression. The landlord has been wholly successful and suppression of the landlord name and details is ordered.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4964356 — net $785.57 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,278.57	Rent arrears
Previous order application 4839223 dated 06/05/2024	$80.00	Previous order application 4839223 dated 06/05/2024
Cleaning	$400.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$785.57
Total payable by Tenant to Landlord	$785.57

Claims and awards for application 4964356 — net $785.57 NZD. Verify on MoJ.

Rent arrears

Amount: $2,278.57
Awarded to: Landlord
Reason: Rent arrears

Previous order application 4839223 dated 06/05/2024

Amount: $80.00
Awarded to: Landlord
Reason: Previous order application 4839223 dated 06/05/2024

Cleaning

Amount: $400.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $785.57

Total payable by Tenant to Landlord

Landlord $785.57

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

Sari Rachmadhani must pay [The landlord/s] $785.57 immediately, calculated as shown in table below.
This order incorporates the Tribunal order made on 6 May 2024 under application 4839223.
The Bond Centre is to pay the bond of $2,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended this video hearing.
The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant of the number provided at the allocated hearing time. The calls were not able to be connected. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing has been given.
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 28 July 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy was $2,278.57.

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

Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). 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 (ss 40(1)(c) and (e)(iii) 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 standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994).
The cleaning carried out and which the landlord seeks compensation for, is to bring the premises to a condition where they could be relet. That is not the standard required of a leaving tenant. It is generally accepted that “reasonably clean and tidy” is a lower standard than leaving the premises in a condition where they could be relet.
I have reviewed the photos provided and the invoice from the cleaners. The invoice refers to a “deep clean”. That is more than the tenant was required to carry out. I consider that compensation of $400.00 is reasonable .
The amounts ordered are proven.
On 6 May 2024 the Tribunal made an order relating to this tenancy, for rubbish removal of $80.00. The previous order is incorporated into this order for enforcement purposes.
The landlord has applied for name suppression. The landlord has been wholly successful and suppression of the landlord name and details is ordered.

Tenancy Tribunal case 4964356 — Rent arrears

At a glance

Tenancy Tribunal case 4964356 — Rent arrears

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?

Topics & place

Residential Tenancies Act sections

Key findings

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions