What was Tenancy Tribunal case 5207673 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 5207673?

Cleaning: $315.68 awarded to landlord; Cleaning: $276.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $257.14 awarded to landlord

What type of tenancy dispute was case 5207673?

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

Where can I read the official tribunal order for case 5207673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12106483-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5207673 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 5207673?

Cleaning: $315.68 awarded to landlord; Cleaning: $276.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $257.14 awarded to landlord

What type of tenancy dispute was case 5207673?

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

Where can I read the official tribunal order for case 5207673?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12106483-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5207673 — Cleanliness

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New Zealand Tenancy Tribunal Case 5207673 — 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 5207673 — net $875.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 February 2025	$257.14	Rent arrears to 28 February 2025
Cleaning: (50% of invoice 0458	$315.68	Cleaning: (50% of invoice 0458
Cleaning: cost for cleaning 12 blinds- (Invoice 0459	$276.00	Cleaning: cost for cleaning 12 blinds- (Invoice 0459
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$875.82
Bond	$1,800.00
Total payable by Tenant to Landlord	$875.82

Claims and awards for application 5207673 — net $875.82 NZD. Verify on MoJ.

Rent arrears to 28 February 2025

Amount: $257.14
Awarded to: Landlord
Reason: Rent arrears to 28 February 2025

Cleaning: (50% of invoice 0458

Amount: $315.68
Awarded to: Landlord
Reason: Cleaning: (50% of invoice 0458

Cleaning: cost for cleaning 12 blinds- (Invoice 0459

Amount: $276.00
Awarded to: Landlord
Reason: Cleaning: cost for cleaning 12 blinds- (Invoice 0459

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $875.82

Bond

Landlord $1,800.00

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both the Tenant’s and the Landlord’s names and identifying details.
[The tenants] to pay [The landlord] $875.82 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord]: $875.82 [The tenants]: $924.18

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). Evidential burden
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
In summary, I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely. If any claim is not established to the balance of probability, it must be dismissed.
The Tribunal has reviewed and considered all evidence, though not all is specifically referenced in this decision.

How much is owed for rent?

The tenancy ended on 28 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenants do not dispute that they owe this amount.

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 landlord says the tenants did not leave the premises reasonably clean and tidy. The photographs the landlord submitted, dated 4 March 2025, show that the tenants missed vacuuming under the bed and behind the television and that the cabinetry in the kitchen and wall needed cleaning. Further the toilet was dirty and the twelve sets of blinds throughout the house required wiping down as they had mould and dust on them.
The tenants have produced photographs they took after three days of cleaning the premise, dated 27 February 2025, that show the premise was reasonably clean and tidy overall, but they accepted that they had missed some areas when they cleaned.
I am satisfied on the balance of probabilities that the landlord has proven that the twelve sets of blinds needed cleaning and have awarded the cost associated with that cleaning. I am also satisfied that the evidence proves some vacuuming, cleaning of walls and cupboards was necessary to being the house back to a reasonably clean and tidy condition and award fifty percent of the costs set out on invoice 0458.
I do not accept that the landlord has proven the mark on the mattress was not there at the start of the tenancy. The tenants’ photographs disprove the fridge, sofa and dining chairs were not reasonably clean and tidy.
The amounts ordered are proved. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
The landlord and the tenants apply for non-publication of their names 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 been substantially successful in its claims. Nonpublication of its name and contact details is ordered.
I do not consider publication of the tenants’ names and identifying details are in the public interest or justified because of their conduct. Nonpublication of the tenants’ name and contact details is ordered.

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 5207673 — net $875.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 28 February 2025	$257.14	Rent arrears to 28 February 2025
Cleaning: (50% of invoice 0458	$315.68	Cleaning: (50% of invoice 0458
Cleaning: cost for cleaning 12 blinds- (Invoice 0459	$276.00	Cleaning: cost for cleaning 12 blinds- (Invoice 0459
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$875.82
Bond	$1,800.00
Total payable by Tenant to Landlord	$875.82

Claims and awards for application 5207673 — net $875.82 NZD. Verify on MoJ.

Rent arrears to 28 February 2025

Amount: $257.14
Awarded to: Landlord
Reason: Rent arrears to 28 February 2025

Cleaning: (50% of invoice 0458

Amount: $315.68
Awarded to: Landlord
Reason: Cleaning: (50% of invoice 0458

Cleaning: cost for cleaning 12 blinds- (Invoice 0459

Amount: $276.00
Awarded to: Landlord
Reason: Cleaning: cost for cleaning 12 blinds- (Invoice 0459

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $875.82

Bond

Landlord $1,800.00

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of both the Tenant’s and the Landlord’s names and identifying details.
[The tenants] to pay [The landlord] $875.82 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord]: $875.82 [The tenants]: $924.18

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”). Evidential burden
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities”. The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.
In summary, I do not need to be completely certain, but I need to be more certain than uncertain. In deciding any claim, I must consider all the evidence presented (including oral evidence during the hearing). I must weigh this evidence to decide what is more likely. If any claim is not established to the balance of probability, it must be dismissed.
The Tribunal has reviewed and considered all evidence, though not all is specifically referenced in this decision.

How much is owed for rent?

The tenancy ended on 28 February 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. The tenants do not dispute that they owe this amount.

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 landlord says the tenants did not leave the premises reasonably clean and tidy. The photographs the landlord submitted, dated 4 March 2025, show that the tenants missed vacuuming under the bed and behind the television and that the cabinetry in the kitchen and wall needed cleaning. Further the toilet was dirty and the twelve sets of blinds throughout the house required wiping down as they had mould and dust on them.
The tenants have produced photographs they took after three days of cleaning the premise, dated 27 February 2025, that show the premise was reasonably clean and tidy overall, but they accepted that they had missed some areas when they cleaned.
I am satisfied on the balance of probabilities that the landlord has proven that the twelve sets of blinds needed cleaning and have awarded the cost associated with that cleaning. I am also satisfied that the evidence proves some vacuuming, cleaning of walls and cupboards was necessary to being the house back to a reasonably clean and tidy condition and award fifty percent of the costs set out on invoice 0458.
I do not accept that the landlord has proven the mark on the mattress was not there at the start of the tenancy. The tenants’ photographs disprove the fridge, sofa and dining chairs were not reasonably clean and tidy.
The amounts ordered are proved. Reimbursement of filing fee
Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
The landlord and the tenants apply for non-publication of their names 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 been substantially successful in its claims. Nonpublication of its name and contact details is ordered.
I do not consider publication of the tenants’ names and identifying details are in the public interest or justified because of their conduct. Nonpublication of the tenants’ name and contact details is ordered.

Tenancy Tribunal case 5207673 — Cleanliness

At a glance

Tenancy Tribunal case 5207673 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

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

RELEVANT LEGAL CONSIDERATIONS

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