What was the outcome of Tenancy Tribunal case 4975974?

The tribunal order states: Louisa Violet Walker and Nash Walker must pay Kāinga Ora–Homes And

How much money was awarded in case 4975974?

Cleaning: $350.00 awarded to landlord; Rent Arrears: $3,566.00 awarded to landlord; Rubbish Removal: $289.50 awarded to landlord

What type of tenancy dispute was case 4975974?

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

Where can I read the official tribunal order for case 4975974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11127431-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4975974?

The tribunal order states: Louisa Violet Walker and Nash Walker must pay Kāinga Ora–Homes And

How much money was awarded in case 4975974?

Cleaning: $350.00 awarded to landlord; Rent Arrears: $3,566.00 awarded to landlord; Rubbish Removal: $289.50 awarded to landlord

What type of tenancy dispute was case 4975974?

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

Where can I read the official tribunal order for case 4975974?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11127431-Tenancy_Tribunal_Order.pdf.

4D Toso Way, Otara, Auckland 2023 Tenancy Tribunal Case 4975974 — Rent arrears

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4D Toso Way, Otara, Auckland 2023 Tenancy Tribunal Case 4975974 — 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 4975974 — net $4,205.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 June 2024	$3,566.00	Rent arrears to 20 June 2024
Cleaning	$350.00	Cleaning
Rubbish removal	$289.50	Rubbish removal
Net award	$4,205.50
Total payable by Tenant to Landlord	$4,205.50

Claims and awards for application 4975974 — net $4,205.50 NZD. Verify on MoJ.

Rent arrears to 20 June 2024

Amount: $3,566.00
Awarded to: Landlord
Reason: Rent arrears to 20 June 2024

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $289.50
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $4,205.50

Total payable by Tenant to Landlord

Landlord $4,205.50

Claim types — money lines allowed on this order

Cleanliness Rent arrears Rubbish Removal

Order

Louisa Violet Walker and Nash Walker must pay Kāinga Ora–Homes And Communities $4,205.50 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 20 June 2024 after the tenants gave 28 days notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenants comply with their 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 (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 provided me with good photos taken at the end of the tenancy. The tenancy premises was not left reasonably clean and tidy. The amount claimed for rubbish removal is proved and allowed. The amount claimed for cleaning is reduced because some of the charge related to cleaning walls and ceilings. Tenants are not required to wipe down all the walls and clean ceilings between tenancies. I have allowed an amount that seems reasonable to me, based on the evidence provided at the hearing.

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 4975974 — net $4,205.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 20 June 2024	$3,566.00	Rent arrears to 20 June 2024
Cleaning	$350.00	Cleaning
Rubbish removal	$289.50	Rubbish removal
Net award	$4,205.50
Total payable by Tenant to Landlord	$4,205.50

Claims and awards for application 4975974 — net $4,205.50 NZD. Verify on MoJ.

Rent arrears to 20 June 2024

Amount: $3,566.00
Awarded to: Landlord
Reason: Rent arrears to 20 June 2024

Cleaning

Amount: $350.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $289.50
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $4,205.50

Total payable by Tenant to Landlord

Landlord $4,205.50

Claim types — money lines allowed on this order

Cleanliness Rent arrears Rubbish Removal

Order

Louisa Violet Walker and Nash Walker must pay Kāinga Ora–Homes And Communities $4,205.50 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 20 June 2024 after the tenants gave 28 days notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenants comply with their 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 (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 provided me with good photos taken at the end of the tenancy. The tenancy premises was not left reasonably clean and tidy. The amount claimed for rubbish removal is proved and allowed. The amount claimed for cleaning is reduced because some of the charge related to cleaning walls and ceilings. Tenants are not required to wipe down all the walls and clean ceilings between tenancies. I have allowed an amount that seems reasonable to me, based on the evidence provided at the hearing.

Tenancy Tribunal case 4975974 — Rent arrears at 4D Toso Way, Otara, Auckland 2023

At a glance

Tenancy Tribunal case 4975974 — Rent arrears at 4D Toso Way, Otara, Auckland 2023

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions