How much money was awarded in case 5052068?

Cleaning: $100.00 awarded to landlord

What type of tenancy dispute was case 5052068?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5052068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11089301-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5052068?

Cleaning: $100.00 awarded to landlord

What type of tenancy dispute was case 5052068?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5052068?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11089301-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5052068 — Cleanliness

Q: What was Tenancy Tribunal case 5052068 about?

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

Order

Claims and awards in Tenancy Tribunal application 5052068 — net $100.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$100.00	Cleaning
Net award	$100.00
Bond	$1,390.00
Total payable by Tenant to Landlord	$100.00

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ names and identifying details.

[The tenant/s] to pay Phillips Family Trust $100.00 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,390.00 ([Bond number suppressed]) immediately apportioned as follows: Phillips Family Trust: $100.00 [The tenant/s]: $1,290.00

Reasons

Both parties attended the hearing.

The tenants have applied for the release of their bond following the end of the tenancy. The landlord seeks compensation for cleaning.

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

Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). 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 (ss 40(1)(c) and (e)(iii) 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).

Both parties have provided the Tribunal with photos of the premises taken after the tenancy ended. Most of the photos show premises that have been left reasonably clean and tidy.

Photos of one area of the house shows a large accumulation of dust that has not been cleaned. The photo of the oven shows that it has not been left reasonably clean and tidy. The landlord has carried out the cleaning themselves. The Tribunal generally accepts compensation for landlord labour at $25.00 per hour. I consider that the oven may have taken some time to clean. The landlord is awarded compensation of $100.00 for cleaning.

The tenants have applied for name suppression. The tenants have been substantially successful in their application and suppression of the tenants names and details is ordered.

Claims and awards in Tenancy Tribunal application 5052068 — net $100.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$100.00	Cleaning
Net award	$100.00
Bond	$1,390.00
Total payable by Tenant to Landlord	$100.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ names and identifying details.
[The tenant/s] to pay Phillips Family Trust $100.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,390.00 ([Bond number suppressed]) immediately apportioned as follows: Phillips Family Trust: $100.00 [The tenant/s]: $1,290.00

Reasons

Both parties attended the hearing.
The tenants have applied for the release of their bond following the end of the tenancy. The landlord seeks compensation for cleaning.

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

Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). 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 (ss 40(1)(c) and (e)(iii) 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).
Both parties have provided the Tribunal with photos of the premises taken after the tenancy ended. Most of the photos show premises that have been left reasonably clean and tidy.
Photos of one area of the house shows a large accumulation of dust that has not been cleaned. The photo of the oven shows that it has not been left reasonably clean and tidy. The landlord has carried out the cleaning themselves. The Tribunal generally accepts compensation for landlord labour at $25.00 per hour. I consider that the oven may have taken some time to clean. The landlord is awarded compensation of $100.00 for cleaning.
The tenants have applied for name suppression. The tenants have been substantially successful in their application and suppression of the tenants names and details is ordered.

Tenancy Tribunal case 5052068 — Cleanliness

At a glance

Tenancy Tribunal case 5052068 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

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

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions