Tenantcheck Insights · Case study
Tenancy Tribunal case 5258600 — Cleanliness at Unit/Flat 1, 60 Churchill Avenue, Manurewa, Auckland 2102
Decided 29 Jul 2025 · Published 29 Jul 2025 · Application 5258600
Mixed / unclear
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
M Edison
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The tenant must carry out the following work to the premises, which must be completed by Wednesday 13 August 2025: (a) remove all household waste from inside the house and all rubbish so that the interior of the premises is reasonably tidy. (b) remove all hard rubbish, organic waste and recyclable rubbish from outside, so that the exterior grounds of the premises are reasonably tidy.
- If the tenant fails to comply with this work order, the landlord may request another hearing without the need for a further application. The purpose of that hearing would be to consider enforcement of the work order.
Reasons
- Tenants are required to keep premises reasonably clean and reasonably tidy during their tenancy (section 40(1)(c) of the Residential Tenancies Act 1986 (the Act)). The landlord has applied for an order requiring the tenant to make the property reasonably clean and reasonably tidy. Although a conditional termination order was canvassed in written submissions, this was rightly withdrawn at the hearing. There are no grounds for a termination order at this stage.
- The tenancy started on 4 December 2023. In notices to remedy dated 23 December 2024 and 30 April 2025, the landlord required the tenant to perform various cleaning and repair tasks. In addition to general cleaning of floors, walls, and surfaces, there was also a request to eradicate cockroaches, remove all household waste from inside and outside the house (including liquid waste, solid rubbish, organic waste and recyclable rubbish) and remove non-compliant door locks. The landlord requested repairs to wall damage, including in bedrooms 1 and 2.
- As discussed at the hearing, my impression is that the tenant may not organise his personal belongings efficiently, but on the whole the interior of the premises did not obviously appear to breach the required standard: or if it did, not to an excessive degree. A further aspect is that the latest inspection photographs were taken on 20 December 2024, so the information is old (the landlord said the tenant prevented access for an inspection in April 2025). I would note that a landlord has a right to conduct inspections in accordance with the Act.
- I understand the landlord’s concern that the situation will get worse and the landlord has reasonable grounds for this belief, based on the tenancy history. I direct that the tenant removes all household waste from inside the house and all rubbish, for example the mattress visible in the hallway and items being stored in the separate toilet.
- It is difficult to know what is causing the insect infestation. It is not shown in the photographs. Currently I am not satisfied that it is the result of the tenant’s living conditions. The floor of bedroom 2 was covered in debris in the photographs and needed vacuuming, otherwise it was difficult to establish in what respects the premises were not reasonably clean. That said, the tenant would be well advised to perform a good standard of cleaning, as recommended by the landlord, to help address this issue.
- The inspection photographs show a large collection of inorganic materials outside, including supermarket trolleys, whiteware, paint tins, furniture, wooden planks, metal framing, and a clothes horse. There is a pile of rugs or towels placed on a garden chair on the porch, with two plastic chairs perched on top. I direct the tenant to remove all hard rubbish, organic waste and recyclable rubbish from outside. I also note that the garden shed is full and needs to be cleared out.
- While there is damage to the walls in the bedrooms, after discussion the landlord did not press for an order for the tenant to do repairs. The Tribunal’s concern was with the practicalities of the tenant repairing the walls while still living there, and with the possible quality of repairs based on the tenant’s earlier efforts. If the landlord considers that repairs are necessary while the tenant is still in occupation, they have the right to give notice to enter for that purpose.
- At this stage a work order has been made with no accompanying alternative money order. This order does not entitle the landlord to perform the work if the tenant does not or to recover the cost. However, I give the landlord liberty to request a further hearing for this purpose if the work order is not complied with. Attendance at Hearing
- I note that the tenant did not attend the hearing today. Prior to the hearing the tenant advised that he was trying to arrange a medical appointment and wanted to keep the time scheduled for the hearing free. The tenant was not able to provide any supporting documentation because they do not have internet access.
- In the absence of a confirmed medical appointment or evidence substantiating urgency, I decided to continue with the hearing. The Registrar called the tenant on 28 July 2025 to advise him of this.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s1, s40(1)
Key findings
- Dispute theme: cleaning
Property management
- Kāinga Ora–Homes and Communities (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5258600?
The tribunal order states: The tenant must carry out the following work to the premises, which must be
How much money was awarded in case 5258600?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5258600?
The primary dispute was Cleanliness.
Where can I read the official tribunal order for case 5258600?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12184486-Tenancy_Tribunal_Order.pdf.