What was Tenancy Tribunal case 4983848 about?

The tribunal order states: Denise Naude to pay [The landlord/s] $823.04 from the bond, calculated as

How much money was awarded in case 4983848?

Cleaning: $141.04 awarded to landlord; Cleaning: $540.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $115.00 awarded to landlord

What type of tenancy dispute was case 4983848?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4983848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10871272-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4983848 about?

The tribunal order states: Denise Naude to pay [The landlord/s] $823.04 from the bond, calculated as

How much money was awarded in case 4983848?

Cleaning: $141.04 awarded to landlord; Cleaning: $540.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Lawns and Garden Work: $115.00 awarded to landlord

What type of tenancy dispute was case 4983848?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4983848?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10871272-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4983848 — Cleanliness

Order

Claims and awards in Tenancy Tribunal application 4983848 — net $823.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$141.04	Carpet Cleaning
Lawns and Garden work: By consent	$115.00	Lawns and Garden work: By consent
Cleaning and weeding	$540.00	Cleaning and weeding
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$823.04
Total payable by Tenant to Landlord	$823.04

Denise Naude to pay [The landlord/s] $823.04 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $823.04 ([Bond number suppressed]) to [The landlord/s] immediately. The Bond Centre is to pay the bond of $1,716.96 ([Bond number suppressed]) to Denise Naude immediately.

Reasons

Both parties attended the hearing by video.

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

The Tenant has applied for refund of the bond.

The Tenant agreed to pay the lawnmowing cost claimed by the landlord.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The Landlord provided ingoing and outgoing inspection reports which showed the Tenant did not clean the property thoroughly upon departure. The Tenant submitted she spent eight hours cleaning the property ate the end of the tenancy. She submitted she did not own or have a pet at the property.

The outgoing inspection report indicated the window sills were filthy, the oven and rangehood were dirty, the carpet had a strong stench of urine, the ensuite shower box was dirty, there were there were cupboards and kitchen surfaces which required wiping, skirting that required wiping, there were overgrown weeds, the carpet required vacuuming and there were tyres and tools that required disposal. The landlord submitted there was also cat hair on the carpet. They submitted the carpet was new when the Tenant moved in.

The Landlord undertook the gardening, cleaning with friends and claimed it took them 40 hours. There was no invoice provided for this cleaning.

In considering the evidence, I find the photographs in the outgoing inspection report showed cleaning was required in the kitchen, bathroom, windows and wall surfaces. The inspection report also noted the strong smell of urine on the carpet which substantiated the need for carpet cleaning. The outdoor photographs also showed weeding was also required.

Although the Tenant advised they spent the whole day cleaning, the photographs in the inspection report showed they may have overlooked some of the cleaning. The Tenant also did not have photographs or evidence of the state of the property after she cleaned.

The Landlord claimed 40 hours of cleaning however they did not provide an invoice for this cleaning and there was no evidence that they were professional cleaners so this maybe why it took them longer than a professional cleaner.

I find the appropriate amount to award for the carpet cleaning, cleaning and weeding to be $540.00 for twelve hours work at $45.00 per hour. This is based on professional cleaning rates of approximately $40-50 per hour and because the house did not require a full clean. It appeared as if some cleaning had been undertaken by the Tenant.

The amounts ordered are proved.

As [The applicant/s] has substantially succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Claims and awards in Tenancy Tribunal application 4983848 — net $823.04 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$141.04	Carpet Cleaning
Lawns and Garden work: By consent	$115.00	Lawns and Garden work: By consent
Cleaning and weeding	$540.00	Cleaning and weeding
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$823.04
Total payable by Tenant to Landlord	$823.04

Order

Denise Naude to pay [The landlord/s] $823.04 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $823.04 ([Bond number suppressed]) to [The landlord/s] immediately. The Bond Centre is to pay the bond of $1,716.96 ([Bond number suppressed]) to Denise Naude immediately.

Reasons

Both parties attended the hearing by video.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The Tenant has applied for refund of the bond.
The Tenant agreed to pay the lawnmowing cost claimed by the landlord.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The Landlord provided ingoing and outgoing inspection reports which showed the Tenant did not clean the property thoroughly upon departure. The Tenant submitted she spent eight hours cleaning the property ate the end of the tenancy. She submitted she did not own or have a pet at the property.
The outgoing inspection report indicated the window sills were filthy, the oven and rangehood were dirty, the carpet had a strong stench of urine, the ensuite shower box was dirty, there were there were cupboards and kitchen surfaces which required wiping, skirting that required wiping, there were overgrown weeds, the carpet required vacuuming and there were tyres and tools that required disposal. The landlord submitted there was also cat hair on the carpet. They submitted the carpet was new when the Tenant moved in.
The Landlord undertook the gardening, cleaning with friends and claimed it took them 40 hours. There was no invoice provided for this cleaning.
In considering the evidence, I find the photographs in the outgoing inspection report showed cleaning was required in the kitchen, bathroom, windows and wall surfaces. The inspection report also noted the strong smell of urine on the carpet which substantiated the need for carpet cleaning. The outdoor photographs also showed weeding was also required.
Although the Tenant advised they spent the whole day cleaning, the photographs in the inspection report showed they may have overlooked some of the cleaning. The Tenant also did not have photographs or evidence of the state of the property after she cleaned.
The Landlord claimed 40 hours of cleaning however they did not provide an invoice for this cleaning and there was no evidence that they were professional cleaners so this maybe why it took them longer than a professional cleaner.
I find the appropriate amount to award for the carpet cleaning, cleaning and weeding to be $540.00 for twelve hours work at $45.00 per hour. This is based on professional cleaning rates of approximately $40-50 per hour and because the house did not require a full clean. It appeared as if some cleaning had been undertaken by the Tenant.
The amounts ordered are proved.
As [The applicant/s] has substantially succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord.

Tenancy Tribunal case 4983848 — Cleanliness

At a glance

Tenancy Tribunal case 4983848 — Cleanliness

At a glance

Award balance

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

Frequently asked questions

Award balance

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

Frequently asked questions