What was Tenancy Tribunal case 5084428 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 5084428?

Cleaning: $172.50 awarded to landlord; Cleaning: $195.50 awarded to landlord; Cleaning: $103.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Removal Of Outdoor Sofa: $103.50 awarded to landlord

What type of tenancy dispute was case 5084428?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5084428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11369129-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5084428 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 5084428?

Cleaning: $172.50 awarded to landlord; Cleaning: $195.50 awarded to landlord; Cleaning: $103.50 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Removal Of Outdoor Sofa: $103.50 awarded to landlord

What type of tenancy dispute was case 5084428?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5084428?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11369129-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5084428 — Cleanliness

Claims and awards in Tenancy Tribunal application 5084428 — net $602.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet cleaning: Stain removal	$172.50	Carpet cleaning: Stain removal
Removal of outdoor sofa	$103.50	Removal of outdoor sofa
Clean curtains to remove stains	$195.50	Clean curtains to remove stains
Clean kitchen cupboard frame and inside bathroom vanity and drawers	$103.50	Clean kitchen cupboard frame and inside bathroom vanity and drawers
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$602.00
Bond	$3,026.47
Total payable by Tenant to Landlord	$602.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants and Landlord’s names and identifying details.
[The tenants] to pay [the landlord] $602.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,026.47 (6100057-008) immediately apportioned as follows: [The landlord]: $602.00 [The tenants]: $2,424.47

Reasons

Both parties attended the hearing.
The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants made a cross application, the content of which is solely a defence to the landlord’s claims and for a refund of the remainder of the bond, and reimbursement of the filing fee.

How much is owed for water rates?

The tenancy ended on 2 October 2024. The landlord provided water rates invoices which prove the tenants owed $373.53 at the end of the tenancy.
The parties agreed at mediation that the Bond Centre was to pay the water rates arrears to the landlord from the bond while the parties waited for the Tribunal hearing of the remaining claims.
$373.53 of the bond was released to the landlord by Mediator’s Order on 28 November 2024. Therefore, this claim has been withdrawn by the landlord for the purposes of today’s hearing.

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 premise reasonably clean and tidy and did not remove all an outdoor sofa. Sofa
The tenants argued that after the final inspection on 3 October 2024, the sofa was not mentioned on the list of issues and they simply forgot to pack it when they moved as they had a moving truck for 24 hours and the sofa was overlooked. The tenants say the sofa was first mentioned to them on 18 October 2024 when they were issued with an invoice for its removal at a cost of $90 plus GST.
The landlord says it shared the quotation first and the tenant did not respond to this quotation, so it went ahead and had the sofa removed.
When the tenant responded to the landlord’s quotation on 18 October 2024 it was only to say they disagreed with it hiring a professional cleaner. The tenants did not say they would go to collect the sofa before it was removed nor did they make any arrangements to collect it before it was disposed off. Curtains
The tenants say they washed the curtains and the curtains were reasonably clean when they left. Further, they were in the property for over a year and been though one winter. Therefore, it was not reasonable to compare the curtains to the new state they were in at the start of the tenancy.
The landlord proved the curtains were new at the start of the tenancy and that the mould stains occurred during the tenancy and that when the landlord’s cleaner washed them the stains came out at a cost of $170 plus GST. Carpet stains
The tenants accept there were carpet stains in lounge (right hand side towards the wall and near the kitchen) and in the bedroom next to the kitchen (in the centre) and that these carpet stains did not come out with a professional carpet cleaner they engaged or the rug doctor they hired.
The landlord has proven its professional stain removal contractor was able to remove these stains at a cost of $150.00 plus GST. Kitchen cupboard frame and inside the vanity drawers and shelves
The tenants produced photographs of the kitchen, but none of the inside of the vanity downstairs and says that they cleaned the outside of the cupboards in the kitchen and bathroom.
The landlord produced entry and exit inspection photographs that prove the exterior of the kitchen cupboard frame and the inside the vanity drawers and shelves had dirty marks that occurred during the tenancy and that needed to be cleaned at a cost of $90 plus GST.
The amounts ordered are proved. Reimbursement of filing fee
Section 102(4) of the Residential Tenancies Act 1986 confirms that where an applicant has wholly or substantially succeeded in its claims that the Tribunal must reimburse the applicant’s application fee.
Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee.
The tenants have not been wholly or substantially successful in their claims, so I dismiss their application for reimbursement of the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.
The tenants also made an application for their names and identifying details to be suppressed.
Although the tenants have not been wholly or substantially successful in their claims, I am satisfied that the public interest in this matter does not outweigh the significant duress publishing the tenants name could result in when they apply for future tenancies. I therefore used my discretion to grant the tenants suppression of their names and identifying details.

Claims and awards in Tenancy Tribunal application 5084428 — net $602.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet cleaning: Stain removal	$172.50	Carpet cleaning: Stain removal
Removal of outdoor sofa	$103.50	Removal of outdoor sofa
Clean curtains to remove stains	$195.50	Clean curtains to remove stains
Clean kitchen cupboard frame and inside bathroom vanity and drawers	$103.50	Clean kitchen cupboard frame and inside bathroom vanity and drawers
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$602.00
Bond	$3,026.47
Total payable by Tenant to Landlord	$602.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants and Landlord’s names and identifying details.
[The tenants] to pay [the landlord] $602.00 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,026.47 (6100057-008) immediately apportioned as follows: [The landlord]: $602.00 [The tenants]: $2,424.47

Reasons

Both parties attended the hearing.
The landlord has applied for water rates arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
The tenants made a cross application, the content of which is solely a defence to the landlord’s claims and for a refund of the remainder of the bond, and reimbursement of the filing fee.

How much is owed for water rates?

The tenancy ended on 2 October 2024. The landlord provided water rates invoices which prove the tenants owed $373.53 at the end of the tenancy.
The parties agreed at mediation that the Bond Centre was to pay the water rates arrears to the landlord from the bond while the parties waited for the Tribunal hearing of the remaining claims.
$373.53 of the bond was released to the landlord by Mediator’s Order on 28 November 2024. Therefore, this claim has been withdrawn by the landlord for the purposes of today’s hearing.

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 premise reasonably clean and tidy and did not remove all an outdoor sofa. Sofa
The tenants argued that after the final inspection on 3 October 2024, the sofa was not mentioned on the list of issues and they simply forgot to pack it when they moved as they had a moving truck for 24 hours and the sofa was overlooked. The tenants say the sofa was first mentioned to them on 18 October 2024 when they were issued with an invoice for its removal at a cost of $90 plus GST.
The landlord says it shared the quotation first and the tenant did not respond to this quotation, so it went ahead and had the sofa removed.
When the tenant responded to the landlord’s quotation on 18 October 2024 it was only to say they disagreed with it hiring a professional cleaner. The tenants did not say they would go to collect the sofa before it was removed nor did they make any arrangements to collect it before it was disposed off. Curtains
The tenants say they washed the curtains and the curtains were reasonably clean when they left. Further, they were in the property for over a year and been though one winter. Therefore, it was not reasonable to compare the curtains to the new state they were in at the start of the tenancy.
The landlord proved the curtains were new at the start of the tenancy and that the mould stains occurred during the tenancy and that when the landlord’s cleaner washed them the stains came out at a cost of $170 plus GST. Carpet stains
The tenants accept there were carpet stains in lounge (right hand side towards the wall and near the kitchen) and in the bedroom next to the kitchen (in the centre) and that these carpet stains did not come out with a professional carpet cleaner they engaged or the rug doctor they hired.
The landlord has proven its professional stain removal contractor was able to remove these stains at a cost of $150.00 plus GST. Kitchen cupboard frame and inside the vanity drawers and shelves
The tenants produced photographs of the kitchen, but none of the inside of the vanity downstairs and says that they cleaned the outside of the cupboards in the kitchen and bathroom.
The landlord produced entry and exit inspection photographs that prove the exterior of the kitchen cupboard frame and the inside the vanity drawers and shelves had dirty marks that occurred during the tenancy and that needed to be cleaned at a cost of $90 plus GST.
The amounts ordered are proved. Reimbursement of filing fee
Section 102(4) of the Residential Tenancies Act 1986 confirms that where an applicant has wholly or substantially succeeded in its claims that the Tribunal must reimburse the applicant’s application fee.
Because [the applicant] has wholly succeeded with the claim I must reimburse the filing fee.
The tenants have not been wholly or substantially successful in their claims, so I dismiss their application for reimbursement of the filing fee. Name suppression
The landlord applies for non-publication of its name and identifying details.
The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
The landlord has substantially succeeded in its proceedings. I do not consider publication is in the public interest or justified because of the landlord’s conduct or any other circumstances of the case.
Non-publication is ordered.
The tenants also made an application for their names and identifying details to be suppressed.
Although the tenants have not been wholly or substantially successful in their claims, I am satisfied that the public interest in this matter does not outweigh the significant duress publishing the tenants name could result in when they apply for future tenancies. I therefore used my discretion to grant the tenants suppression of their names and identifying details.

Tenancy Tribunal case 5084428 — Cleanliness

At a glance

Tenancy Tribunal case 5084428 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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 water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions