What was Tenancy Tribunal case 4994928 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4994928?

Cleaning: $880.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Owed: $3,260.00 awarded to landlord; Rubbish Removal: $180.00 awarded to landlord

What type of tenancy dispute was case 4994928?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4994928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11430024-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4994928 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4994928?

Cleaning: $880.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Owed: $3,260.00 awarded to landlord; Rubbish Removal: $180.00 awarded to landlord

What type of tenancy dispute was case 4994928?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4994928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11430024-Tribunal_Order_Redacted.pdf.

2 Yeats Grove, Trentham, Upper Hutt 5018 Tenancy Tribunal Case 4994928 — Cleanliness

Tenantcheck Insights

2 Yeats Grove, Trentham, Upper Hutt 5018 Tenancy Tribunal Case 4994928 — Cleanliness | 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 4994928 — net $2,747.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Vanity - insurance excess	$750.00		Vanity - insurance excess
Cleaning	$450.00		Cleaning
Carpet Cleaning: and stain removal	$880.00		Carpet Cleaning: and stain removal
Rubbish removal: and labour to clean paint	$180.00		Rubbish removal: and labour to clean paint
Rent owed to 15 June 2024	$3,260.00		Rent owed to 15 June 2024
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond refunded to the landlord		$2,800.00	Bond refunded to the landlord
Total award	$5,547.00	$2,800.00
Net award	$2,747.00
Total payable by Tenant to Landlord	$2,747.00

Claims and awards for application 4994928 — net $2,747.00 NZD. Verify on MoJ.

Vanity - insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: Vanity - insurance excess

Cleaning

Amount: $450.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning: and stain removal

Amount: $880.00
Awarded to: Landlord
Reason: Carpet Cleaning: and stain removal

Rubbish removal: and labour to clean paint

Amount: $180.00
Awarded to: Landlord
Reason: Rubbish removal: and labour to clean paint

Rent owed to 15 June 2024

Amount: $3,260.00
Awarded to: Landlord
Reason: Rent owed to 15 June 2024

Dismissed claims

Other Claims — All other claims dismissed
Property Damage — The light fitting is very high and it seems unlikely the damage was careless or intentional.

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rakesh Bedi must pay [The landlord/s] $2,747.00 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant was served but did not attend the hearing. There was a message to the call centre an hour before the hearing asking that we telephone him. We attempted to telephone him and there was no reply.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 15 June 2024, one day longer by agreement than the termination date given on the notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with his 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. 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 photos taken at the end of the tenancy. I can see additional cleaning was needed in the kitchen, laundry, bathrooms and one of the bedrooms. I have allowed an amount that seems reasonable to me, based on the evidence provided.
The claim for curtain cleaning was dismissed at the hearing. If the landlord chooses to rent a house that has eight full-length curtains in close proximity to the kitchen then cleaning to remove cooking odours is a landlord cost.
I accept the carpets needed commercial cleaning and stain removal at the end of the tenancy. The amount claimed is proved and allowed.
There is a claim for rubbish removal for a large trampoline and a bed frame. There is also a claim for the cost of removing paint from the concrete by the trampoline. This claim has been proved. The landlord was not clear what the $142.68 for “materials” comprised of and so this part of the claim is not allowed. I allow $180 which seems a reasonable cost for the work done.

Is the tenant responsible for the damage to the premises?

There is a claim for damage. The landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent. See section 49B(3)(a) RTA.
The claim for the replacement light fitting is dismissed. The light fitting is very high and it seems unlikely the damage was careless or intentional.
The landlord has proved the door on the vanity in one of the bathrooms was damaged during the tenancy. The door was held together with duct tape at the end of the tenancy. The landlord said no evidence of water damage was seen at the inspections. The damage to the door was not reported by the tenants during the tenancy. I find the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim is for the insurance excess, which is less than the full cost of replacement. The amount ordered is proved. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name is published because there is public interest in names when tenants owe money at the end of a tenancy.

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 4994928 — net $2,747.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Vanity - insurance excess	$750.00		Vanity - insurance excess
Cleaning	$450.00		Cleaning
Carpet Cleaning: and stain removal	$880.00		Carpet Cleaning: and stain removal
Rubbish removal: and labour to clean paint	$180.00		Rubbish removal: and labour to clean paint
Rent owed to 15 June 2024	$3,260.00		Rent owed to 15 June 2024
Filing fee reimbursement	$27.00		Filing fee reimbursement
Bond refunded to the landlord		$2,800.00	Bond refunded to the landlord
Total award	$5,547.00	$2,800.00
Net award	$2,747.00
Total payable by Tenant to Landlord	$2,747.00

Claims and awards for application 4994928 — net $2,747.00 NZD. Verify on MoJ.

Vanity - insurance excess

Amount: $750.00
Awarded to: Landlord
Reason: Vanity - insurance excess

Cleaning

Amount: $450.00
Awarded to: Landlord
Reason: Cleaning

Carpet Cleaning: and stain removal

Amount: $880.00
Awarded to: Landlord
Reason: Carpet Cleaning: and stain removal

Rubbish removal: and labour to clean paint

Amount: $180.00
Awarded to: Landlord
Reason: Rubbish removal: and labour to clean paint

Rent owed to 15 June 2024

Amount: $3,260.00
Awarded to: Landlord
Reason: Rent owed to 15 June 2024

Dismissed claims

Other Claims — All other claims dismissed
Property Damage — The light fitting is very high and it seems unlikely the damage was careless or intentional.

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Property damage Rubbish Removal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
Rakesh Bedi must pay [The landlord/s] $2,747.00 immediately, calculated as shown in table below.
All other claims are dismissed.

Reasons

The landlord attended the hearing. The tenant was served but did not attend the hearing. There was a message to the call centre an hour before the hearing asking that we telephone him. We attempted to telephone him and there was no reply.
The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 15 June 2024, one day longer by agreement than the termination date given on the notice. The landlord provided rent records which prove the amount owing at the end of the tenancy.

Did the tenant comply with his 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. 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 photos taken at the end of the tenancy. I can see additional cleaning was needed in the kitchen, laundry, bathrooms and one of the bedrooms. I have allowed an amount that seems reasonable to me, based on the evidence provided.
The claim for curtain cleaning was dismissed at the hearing. If the landlord chooses to rent a house that has eight full-length curtains in close proximity to the kitchen then cleaning to remove cooking odours is a landlord cost.
I accept the carpets needed commercial cleaning and stain removal at the end of the tenancy. The amount claimed is proved and allowed.
There is a claim for rubbish removal for a large trampoline and a bed frame. There is also a claim for the cost of removing paint from the concrete by the trampoline. This claim has been proved. The landlord was not clear what the $142.68 for “materials” comprised of and so this part of the claim is not allowed. I allow $180 which seems a reasonable cost for the work done.

Is the tenant responsible for the damage to the premises?

There is a claim for damage. The landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent. See section 49B(3)(a) RTA.
The claim for the replacement light fitting is dismissed. The light fitting is very high and it seems unlikely the damage was careless or intentional.
The landlord has proved the door on the vanity in one of the bathrooms was damaged during the tenancy. The door was held together with duct tape at the end of the tenancy. The landlord said no evidence of water damage was seen at the inspections. The damage to the door was not reported by the tenants during the tenancy. I find the damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The claim is for the insurance excess, which is less than the full cost of replacement. The amount ordered is proved. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. The tenant’s name is published because there is public interest in names when tenants owe money at the end of a tenancy.

Tenancy Tribunal case 4994928 — Cleanliness at 2 Yeats Grove, Trentham, Upper Hutt 5018

At a glance

Tenancy Tribunal case 4994928 — Cleanliness at 2 Yeats Grove, Trentham, Upper Hutt 5018

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with his 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

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenant comply with his 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

Frequently asked questions