What was Tenancy Tribunal case 4969294 about?

The tribunal order states: [The tenant/s] to pay Highland Real Estate Group Limited T/As Harcourts

How much money was awarded in case 4969294?

Rent Arrears: $1,510.71 awarded to landlord

What type of tenancy dispute was case 4969294?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4969294?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11421675-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4969294 about?

The tribunal order states: [The tenant/s] to pay Highland Real Estate Group Limited T/As Harcourts

How much money was awarded in case 4969294?

Rent Arrears: $1,510.71 awarded to landlord

What type of tenancy dispute was case 4969294?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4969294?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11421675-Tenancy_Tribunal_Order.pdf.

Unit/Flat 8, 8 McKerrow Place, Sunshine Bay, Queenstown Tenancy Tribunal Case 4969294 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4969294 — net $1,510.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 03/08/2024	$1,510.71	Rent arrears to 03/08/2024
Net award	$1,510.71
Bond	$2,400.00
Total payable by Tenant to Landlord	$1,510.71

[The tenant/s] to pay Highland Real Estate Group Limited T/As Harcourts $1,510.71 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,400.00 (5962864-006) immediately apportioned as follows: Highland Real Estate Group Limited T/As Harcourts: $1,510.71 [The tenant/s]: $889.29

The landlord’s claim for cleaning costs is dismissed.

Reasons

Both parties attended the hearing which was held by teleconference on 8 January 2025.

This tenancy commenced on 1 February 2018 and ended on 3 August 2024. The landlord has filed an application for rent arrears up to 3 August 2024 ($1,510.71); compensation for cleaning costs ($1,527.49), refund of the bond and reimbursement of the filing fee following the end of the tenancy.

The burden of proof rests with the landlord to establish their claims on the balance of probabilities. Rent Arrears

The landlord provided a rent summary in support of the claim. The tenancy ended on 3 August 2024, following notice given by the landlord.

The tenant disputed the arrears, stating that the property manager had verbally agreed she could give any notice. The tenant gave five days’ notice and vacated early, only to be later informed that the notice was insufficient, and she remained liable for rent until 3 August 2024.

Under section 51(2) of the Residential Tenancies Act 1986 (RTA), if a landlord terminates a periodic tenancy by giving notice, a tenant may still end the tenancy earlier by providing at least 28 days’ notice in writing. In the absence of such written notice, the tenant remains liable for rent until the tenancy’s scheduled end date.

The tenant was unable to provide evidence that the property manager waived this requirement. She asserted that the agreement was made over the phone, but verbal agreements are inherently difficult to verify. The landlord, however, presented documentary evidence supporting the claim.

On balance, I accept the landlord’s evidence and find the tenant liable for rent arrears of $1,510.71, covering the period to 3 August 2024. Cleaning Costs

The landlord submitted a final inspection report and accompanying photographs, asserting that the premises were left in an extremely unclean condition, unsuitable for either a new tenant or the owner. The cleaning invoice detailed the following work: • Bathrooms: Scrubbed, mould removed, hair cleaned from shower drains and sinks. • Windows & Doors: Scrubbed all window sills and bases, cleaned glass doors inside and out. • Kitchen: Cleaned all surfaces, cupboards (inside and out), under the refrigerator, on top of kitchen cabinets, under the oven before replacing it with a new one. • Living Areas: Cleaned all walls, vacuumed, and mopped floors.

The tenant maintained that she had cleaned the property before vacating and argued that the cleaning charge was excessive and beyond her legal obligations.

Under section 40(1)(e)(ii)-(iii) of the RTA, a tenant must leave the premises in a reasonably clean and tidy condition, but is not required to meet commercial cleaning standards. The standard of ‘reasonably clean and tidy’ will vary according to the age and condition of the premises. There is no requirement that every surface be immaculate or that each and every individual item in the premises be left ‘reasonably clean and tidy’. This claim must be seen in the overall context of the cleanliness and tidiness of the premises at the end of the tenancy.

Upon reviewing the photographs, I find that while some areas required additional cleaning, the overall condition of the premises does not support the landlord’s assertion that it was in an unacceptably unclean state. Given that this was a six- year tenancy, some level of accumulated wear and minor grime is to be expected. Furthermore, it is common for landlords to arrange commercial cleaning as part of routine property maintenance, irrespective of a tenant’s efforts. The cleaning tasks listed in the invoice suggest a deep clean, which exceeds what a tenant is legally required to undertake at the end of a tenancy.

Accordingly, I find that the tenant did not breach her obligations under the RTA, and I decline to award the landlord compensation for cleaning costs. Filing Fee

Under section 102(4) of the RTA, a Tribunal may order reimbursement of the filing fee if a party is wholly or substantially successful. As the landlord has not succeeded in the majority of their claim, I decline to award the filing fee reimbursement.

Claims and awards in Tenancy Tribunal application 4969294 — net $1,510.71 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 03/08/2024	$1,510.71	Rent arrears to 03/08/2024
Net award	$1,510.71
Bond	$2,400.00
Total payable by Tenant to Landlord	$1,510.71

Order

[The tenant/s] to pay Highland Real Estate Group Limited T/As Harcourts $1,510.71 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (5962864-006) immediately apportioned as follows: Highland Real Estate Group Limited T/As Harcourts: $1,510.71 [The tenant/s]: $889.29
The landlord’s claim for cleaning costs is dismissed.

Reasons

Both parties attended the hearing which was held by teleconference on 8 January 2025.
This tenancy commenced on 1 February 2018 and ended on 3 August 2024. The landlord has filed an application for rent arrears up to 3 August 2024 ($1,510.71); compensation for cleaning costs ($1,527.49), refund of the bond and reimbursement of the filing fee following the end of the tenancy.
The burden of proof rests with the landlord to establish their claims on the balance of probabilities. Rent Arrears
The landlord provided a rent summary in support of the claim. The tenancy ended on 3 August 2024, following notice given by the landlord.
The tenant disputed the arrears, stating that the property manager had verbally agreed she could give any notice. The tenant gave five days’ notice and vacated early, only to be later informed that the notice was insufficient, and she remained liable for rent until 3 August 2024.
Under section 51(2) of the Residential Tenancies Act 1986 (RTA), if a landlord terminates a periodic tenancy by giving notice, a tenant may still end the tenancy earlier by providing at least 28 days’ notice in writing. In the absence of such written notice, the tenant remains liable for rent until the tenancy’s scheduled end date.
The tenant was unable to provide evidence that the property manager waived this requirement. She asserted that the agreement was made over the phone, but verbal agreements are inherently difficult to verify. The landlord, however, presented documentary evidence supporting the claim.
On balance, I accept the landlord’s evidence and find the tenant liable for rent arrears of $1,510.71, covering the period to 3 August 2024. Cleaning Costs
The landlord submitted a final inspection report and accompanying photographs, asserting that the premises were left in an extremely unclean condition, unsuitable for either a new tenant or the owner. The cleaning invoice detailed the following work: • Bathrooms: Scrubbed, mould removed, hair cleaned from shower drains and sinks. • Windows & Doors: Scrubbed all window sills and bases, cleaned glass doors inside and out. • Kitchen: Cleaned all surfaces, cupboards (inside and out), under the refrigerator, on top of kitchen cabinets, under the oven before replacing it with a new one. • Living Areas: Cleaned all walls, vacuumed, and mopped floors.
The tenant maintained that she had cleaned the property before vacating and argued that the cleaning charge was excessive and beyond her legal obligations.
Under section 40(1)(e)(ii)-(iii) of the RTA, a tenant must leave the premises in a reasonably clean and tidy condition, but is not required to meet commercial cleaning standards. The standard of ‘reasonably clean and tidy’ will vary according to the age and condition of the premises. There is no requirement that every surface be immaculate or that each and every individual item in the premises be left ‘reasonably clean and tidy’. This claim must be seen in the overall context of the cleanliness and tidiness of the premises at the end of the tenancy.
Upon reviewing the photographs, I find that while some areas required additional cleaning, the overall condition of the premises does not support the landlord’s assertion that it was in an unacceptably unclean state. Given that this was a six- year tenancy, some level of accumulated wear and minor grime is to be expected. Furthermore, it is common for landlords to arrange commercial cleaning as part of routine property maintenance, irrespective of a tenant’s efforts. The cleaning tasks listed in the invoice suggest a deep clean, which exceeds what a tenant is legally required to undertake at the end of a tenancy.
Accordingly, I find that the tenant did not breach her obligations under the RTA, and I decline to award the landlord compensation for cleaning costs. Filing Fee
Under section 102(4) of the RTA, a Tribunal may order reimbursement of the filing fee if a party is wholly or substantially successful. As the landlord has not succeeded in the majority of their claim, I decline to award the filing fee reimbursement.

Tenancy Tribunal case 4969294 — Rent arrears at Unit/Flat 8, 8 McKerrow Place, Sunshine Bay, Queenstown

At a glance

Tenancy Tribunal case 4969294 — Rent arrears at Unit/Flat 8, 8 McKerrow Place, Sunshine Bay, Queenstown

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions