How much money was awarded in case 5246331?

Cleaning: $450.00 awarded to landlord; Rent Credit: $100.00 awarded to tenant; Rubbish Removal: $328.24 awarded to landlord; Rubbish Removal: $302.74 awarded to landlord

What type of tenancy dispute was case 5246331?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5246331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12089983-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5246331?

Cleaning: $450.00 awarded to landlord; Rent Credit: $100.00 awarded to tenant; Rubbish Removal: $328.24 awarded to landlord; Rubbish Removal: $302.74 awarded to landlord

What type of tenancy dispute was case 5246331?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5246331?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12089983-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 1, 135A Apu Crescent, Lyall Bay, Wellington Tenancy Tribunal Case 5246331 — Cleanliness

Q: What was Tenancy Tribunal case 5246331 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 5246331 — net $820.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal: exterior	$328.24		Rubbish removal: exterior
Rubbish removal: interior	$302.74		Rubbish removal: interior
Cleaning: includes all the cleaning	$450.00		Cleaning: includes all the cleaning
Rent credit		$100.00	Rent credit
Total award	$1,080.98	$100.00
Net award	$820.98
Total payable by Tenant to Landlord	$820.98

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

[The tenant/s] must pay Kāinga Ora–Homes And Communities $820.98 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $160.00 ([Bond number suppressed]) to Kāinga Ora–Homes And Communities immediately.

[The tenant/s] must pay the $820.98 as follows: a. By weekly payments of $10.00 b. Payments will be every Wednesday with the first payment on Wednesday 30 July 2025 and continuing until the money owed is paid in full.

If the tenant fails to pay money owed within 2 working days of the due dates the balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation and refund of the bond following the end of the tenancy.

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

Tenants must return the premises 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, 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 landlord provided me with photos taken at the end of the tenancy. I can see the tenancy premises were not left reasonably clean and tidy. The tenant apologised and explained the reasons why she was not able to clean and remove the rubbish. I find the landlord has proved the claim. I have allowed an amount that seems reasonable to me, based on the evidence provided at the hearing.

The tenant made an application for suppression. The Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest. See section 95A RTA.

I am persuaded I should make an order suppressing the tenant’s name. This is because her ongoing health issues, including a stay in hospital, have made it difficult for her to manage the move and the clean up. I have also taken into account her 17 year tenancy with the same landlord, and her submission that there are no other Tribunal orders against her for breach of the duty to return tenancy premises in a reasonable condition. I find there is no public interest in her name. The landlord’s name is not suppressed because there is public interest in the management of social housing.

Claims and awards in Tenancy Tribunal application 5246331 — net $820.98 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rubbish removal: exterior	$328.24		Rubbish removal: exterior
Rubbish removal: interior	$302.74		Rubbish removal: interior
Cleaning: includes all the cleaning	$450.00		Cleaning: includes all the cleaning
Rent credit		$100.00	Rent credit
Total award	$1,080.98	$100.00
Net award	$820.98
Total payable by Tenant to Landlord	$820.98

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] must pay Kāinga Ora–Homes And Communities $820.98 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $160.00 ([Bond number suppressed]) to Kāinga Ora–Homes And Communities immediately.
[The tenant/s] must pay the $820.98 as follows: a. By weekly payments of $10.00 b. Payments will be every Wednesday with the first payment on Wednesday 30 July 2025 and continuing until the money owed is paid in full.
If the tenant fails to pay money owed within 2 working days of the due dates the balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and refund of the bond following the end of the tenancy.

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

Tenants must return the premises 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, 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 landlord provided me with photos taken at the end of the tenancy. I can see the tenancy premises were not left reasonably clean and tidy. The tenant apologised and explained the reasons why she was not able to clean and remove the rubbish. I find the landlord has proved the claim. I have allowed an amount that seems reasonable to me, based on the evidence provided at the hearing.
The tenant made an application for suppression. The Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest. See section 95A RTA.
I am persuaded I should make an order suppressing the tenant’s name. This is because her ongoing health issues, including a stay in hospital, have made it difficult for her to manage the move and the clean up. I have also taken into account her 17 year tenancy with the same landlord, and her submission that there are no other Tribunal orders against her for breach of the duty to return tenancy premises in a reasonable condition. I find there is no public interest in her name. The landlord’s name is not suppressed because there is public interest in the management of social housing.

Tenancy Tribunal case 5246331 — Cleanliness at Unit/Flat Flat 1, 135A Apu Crescent, Lyall Bay, Wellington

At a glance

Tenancy Tribunal case 5246331 — Cleanliness at Unit/Flat Flat 1, 135A Apu Crescent, Lyall Bay, Wellington

At a glance

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions