How much money was awarded in case 5274399?

Filing Fee: $27.00 awarded to landlord; Cleaning: $120.00 awarded to landlord

What type of tenancy dispute was case 5274399?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5274399?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12200967-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5274399?

Filing Fee: $27.00 awarded to landlord; Cleaning: $120.00 awarded to landlord

What type of tenancy dispute was case 5274399?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5274399?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12200967-Tribunal_Order_Redacted.pdf.

Unit/Flat Unit 17, 22 James Laurie Street, Henderson, Tenancy Tribunal Case 5274399 — Cleanliness

Q: What was Tenancy Tribunal case 5274399 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 5274399 — net $147.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven/stove cleaning: by consent	$120.00	the claim for cleaning the oven. I was provided with good photos and the amount ordered is fair.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$147.00
Bond	$2,680.00
Total payable by Tenant to Landlord	$147.00

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] to pay Opes Property Management North Limited $147.00 from the bond, calculated as shown in table below.

All other claims are dismissed.

The Bond Centre is to pay the bond of $2,680.00 ([Bond number suppressed]) immediately apportioned as follows: Opes Property Management North Limited: $147.00 [The tenant/s]: $2,533.00

Reasons

Both parties attended the hearing.

The landlord has applied for compensation for cleaning, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant also wants the bond to be refunded, and an apology because of a dispute with the property manager at the end of the tenancy.

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

There is a claim for cleaning the oven and for cleaning the fly spots off the ceilings. The law states that tenants must return the tenancy 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 tenant agreed to the claim for cleaning the oven. I was provided with good photos and the amount ordered is fair.

I have not allowed the claim for cleaning fly spots off the upper walls, ceilings, heatpump and smoke detectors. This is because: • It seems to me we have reached a position where it is routinely expected that tenants will clean every surface in the tenancy premises at the end of the tenancy. This is not what is required by the RTA. • The RTA does not use the words “as they found it”, or “very clean” when deciding how a tenancy should be left. The law makers chose the words reasonably clean. • In most cases the presence of fly spots on ceilings, light fittings and smoke alarms is fair wear and tear. They do not affect the day to day life of the tenant and they are not part of a usual cleaning routine. • Cleaning ceilings and fittings on the ceilings between tenancies is maintenance, which is a landlord responsibility. Other orders

The tenant made submissions about a dispute with her property manager at the end of the tenancy. Essentially, she wanted an apology from the landlord. The landlord did not agree with the tenant’s version of events and there was no apology. Because the tenant has not made a claim for compensation or exemplary damages there is nothing more I can do. The tenant’s claim for other orders is dismissed.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The tenant’s application for suppression is allowed. The tenant agreed to the oven claim and only part of the cleaning claim was ordered. I find there is no public interest in the tenant’s name. See section 95A RTA.

Claims and awards in Tenancy Tribunal application 5274399 — net $147.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Oven/stove cleaning: by consent	$120.00	the claim for cleaning the oven. I was provided with good photos and the amount ordered is fair.
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$147.00
Bond	$2,680.00
Total payable by Tenant to Landlord	$147.00

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] to pay Opes Property Management North Limited $147.00 from the bond, calculated as shown in table below.
All other claims are dismissed.
The Bond Centre is to pay the bond of $2,680.00 ([Bond number suppressed]) immediately apportioned as follows: Opes Property Management North Limited: $147.00 [The tenant/s]: $2,533.00

Reasons

Both parties attended the hearing.
The landlord has applied for compensation for cleaning, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant also wants the bond to be refunded, and an apology because of a dispute with the property manager at the end of the tenancy.

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

There is a claim for cleaning the oven and for cleaning the fly spots off the ceilings. The law states that tenants must return the tenancy 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 tenant agreed to the claim for cleaning the oven. I was provided with good photos and the amount ordered is fair.
I have not allowed the claim for cleaning fly spots off the upper walls, ceilings, heatpump and smoke detectors. This is because: • It seems to me we have reached a position where it is routinely expected that tenants will clean every surface in the tenancy premises at the end of the tenancy. This is not what is required by the RTA. • The RTA does not use the words “as they found it”, or “very clean” when deciding how a tenancy should be left. The law makers chose the words reasonably clean. • In most cases the presence of fly spots on ceilings, light fittings and smoke alarms is fair wear and tear. They do not affect the day to day life of the tenant and they are not part of a usual cleaning routine. • Cleaning ceilings and fittings on the ceilings between tenancies is maintenance, which is a landlord responsibility. Other orders
The tenant made submissions about a dispute with her property manager at the end of the tenancy. Essentially, she wanted an apology from the landlord. The landlord did not agree with the tenant’s version of events and there was no apology. Because the tenant has not made a claim for compensation or exemplary damages there is nothing more I can do. The tenant’s claim for other orders is dismissed.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The tenant’s application for suppression is allowed. The tenant agreed to the oven claim and only part of the cleaning claim was ordered. I find there is no public interest in the tenant’s name. See section 95A RTA.

Tenancy Tribunal case 5274399 — Cleanliness at Unit/Flat Unit 17, 22 James Laurie Street, Henderson,

At a glance

Tenancy Tribunal case 5274399 — Cleanliness at Unit/Flat Unit 17, 22 James Laurie Street, Henderson,

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions