What was Tenancy Tribunal case 5049648 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 5049648?

Cleaning: $500.00 awarded to landlord; Lawns and Garden Work: $2,500.00 awarded to landlord; Previous Order Application 5049648 D…: $16,880.88 awarded to landlord; Rent Arrears: $480.00 awarded to landlord

What type of tenancy dispute was case 5049648?

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

Where can I read the official tribunal order for case 5049648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11825382-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5049648 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 5049648?

Cleaning: $500.00 awarded to landlord; Lawns and Garden Work: $2,500.00 awarded to landlord; Previous Order Application 5049648 D…: $16,880.88 awarded to landlord; Rent Arrears: $480.00 awarded to landlord

What type of tenancy dispute was case 5049648?

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

Where can I read the official tribunal order for case 5049648?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11825382-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5049648 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5049648 — net $20,360.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$480.00	2. On 4 March 2025, the Tribunal ordered the tenant to pay rent arrears, water rates arrears, reimburse the filing fee (less the bond), totalling $16,880.88.
Previous order application 5049648 dated 04/03/2025	$16,880.88	rears, water rates arrears, reimburse the filing fee (less the bond), totalling $16,880.88. ___________________________________________________________________…
Cleaning	$500.00	Cleaning
Lawns and Garden work: including rubbish removal	$2,500.00	Lawns and Garden work: including rubbish removal
Net award	$20,360.88
Total payable by Tenant to Landlord	$20,360.88

Both parties attended this remote hearing on 5 May 2025. The matter had been part heard by the Tribunal on 4 March 2025.

On 4 March 2025, the Tribunal ordered the tenant to pay rent arrears, water rates arrears, reimburse the filing fee (less the bond), totalling $16,880.88.

In the Tribunal’s order, the tenant was required to file any cross application that he wished to have heard within 10 working days of the date of the order. Any additional documents were to be filed with the Tribunal no later than 5 working days before the hearing.

No cross application was filed by the tenant. Evidence, which appeared to be unrelated to the claims currently before the Tribunal, filed by the tenant on the day of this hearing. I explained to the tenants that they were entitled to have those matters heard, but only after an application had been filed with the Tribunal and the filing fee paid. The Tribunal was not prepared to consider the matters raised by the tenants during the hearing of the landlord’s application, as the tenant had failed to comply with the directions contained in the order dated 4 March 2025.

The landlord has applied for rent arrears and compensation.

I propose setting out a brief history of the tenancy, as the tenant raised questions during the hearing, as to when the tenancy commenced.

The landlord provided a copy of a tenancy agreement dated 21 March 2023. The tenants recorded in that agreement were Mohammed Kamal, Masud Babul, Zelia Bangladeshi and Sumon Bangladeshi. The tenancy is recorded as commencing on 2 April 2023.

On 9 December 2024, the tenant parties were varied, by the removal of Mohammed Kamal. The other tenants named above, including Masud Babel, remained as tenants.

The tenancy was renewed by a document dated 15 April 2024. The tenant parties to that renewal were Masud Babel and Israt Keya.

I am satisfied on the basis of this documentary evidence, that Masud Babul at least, has been a tenant since the commencement of the tenancy in April 2023.

How much is owed for rent ?

The tenancy ended on 8 March 2025. The previous Tribunal order ordered rent arrears for the period to 4 March 2025. The landlord seeks a further four days rent to cover the period from 4 March 2025 until 8 March 2025 ($480.00). The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenant is ordered to pay $480.00 to 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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“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 landlord provided photos taken at a pre tenancy inspection on 17 March 2023, just prior to this tenancy commencing. The photos show that the premises were in good order.

The landlord provided further photos taken on 22 October 2024, after the tenant had moved out of the premises. The landlord had given the tenant the opportunity to carry out further cleaning, prior to the photos being taken.

The photos show marks on the walls and carpet. The range hood shows grease marks. The shower and downstairs bathroom required further work. This is all work required to bring the premises to a reasonably clean and tidy standard.

The landlord said that the premises had now been relet. The invoice for cleaning, which amounted to $920.00, is the only cleaning carried out by the landlord between the end of this tenancy and the commencement of the subsequent tenancy. As indicated above, the requirement is that a tenant leave premises reasonably clean and tidy. It is generally accepted that a landlord will need to carry out further cleaning work to bring the premises to the higher standard required at the commencement of a tenancy. Having reviewed both the photos and the invoice, I consider that a reasonable fee for cleaning to bring the premises to the reasonably clean and tidy standard required of the tenant is $500.00.

The landlord seeks compensation of $4,462.00 for lawn mowing, gardening, rubbish removal and rubbish skip hire. The landlord provided photos of the exterior of the premises at the commencement of the tenancy and at the end of the tenancy. The photos show that the lawns and gardens had not been left reasonably tidy by the tenants. The lawns were overgrown. Large amounts of rubbish littered the exterior of the premises.

The tenants said that much of the rubbish shown in the photos he had been present at the commencement of the tenancy. That proposition does not seem to be supported by the photos provided by the landlord from the commencement of the tenancy. On this issue, I prefer the photographic evidence provided by the landlord.

Having reviewed the condition of the premises shown in the photos, I accept that work was required of the landlord to bring the exterior of the premises to a reasonably tidy condition. The invoice for the work includes the hire of two rubbish skips. That of itself, gives an indication of the amount of rubbish that had to be removed.

The Tribunal is required to consider whether the amount charged by the landlord for the work carried out is reasonable. I make that assessment based on the photos provided by the landlord. The Tribunal finds that a reasonable fee for the work undertaken by the landlord to bring the exterior of the premises to a reasonably tidy standard (and not the standard required at the commencement of a tenancy) is $2,500.00.

The amounts ordered are proven.

As this matter was adjourned after the Tribunal order on 4 March 2025, the decision of the Tribunal was not published. The landlord has applied for name suppression. The landlord has been substantially successful in this matter. The Tribunal orders suppression of the landlord’s name and details. The tenants have not been wholly or substantially successful in this matter and the application for suppression by the tenants is dismissed.

Reasons

Claims and awards in Tenancy Tribunal application 5049648 — net $20,360.88 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$480.00	2. On 4 March 2025, the Tribunal ordered the tenant to pay rent arrears, water rates arrears, reimburse the filing fee (less the bond), totalling $16,880.88.
Previous order application 5049648 dated 04/03/2025	$16,880.88	rears, water rates arrears, reimburse the filing fee (less the bond), totalling $16,880.88. ___________________________________________________________________…
Cleaning	$500.00	Cleaning
Lawns and Garden work: including rubbish removal	$2,500.00	Lawns and Garden work: including rubbish removal
Net award	$20,360.88
Total payable by Tenant to Landlord	$20,360.88

Both parties attended this remote hearing on 5 May 2025. The matter had been part heard by the Tribunal on 4 March 2025.

On 4 March 2025, the Tribunal ordered the tenant to pay rent arrears, water rates arrears, reimburse the filing fee (less the bond), totalling $16,880.88.

The landlord has applied for rent arrears and compensation.

I propose setting out a brief history of the tenancy, as the tenant raised questions during the hearing, as to when the tenancy commenced.

On 9 December 2024, the tenant parties were varied, by the removal of Mohammed Kamal. The other tenants named above, including Masud Babel, remained as tenants.

The tenancy was renewed by a document dated 15 April 2024. The tenant parties to that renewal were Masud Babel and Israt Keya.

I am satisfied on the basis of this documentary evidence, that Masud Babul at least, has been a tenant since the commencement of the tenancy in April 2023.

How much is owed for rent ?

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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (“RTA”).

The landlord provided photos taken at a pre tenancy inspection on 17 March 2023, just prior to this tenancy commencing. The photos show that the premises were in good order.

The amounts ordered are proven.

Tenancy Tribunal case 5049648 — Cleanliness

At a glance

Tenancy Tribunal case 5049648 — Cleanliness

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