What was Tenancy Tribunal case 5316262 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 5316262?

Cleaning: $350.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Power Point/Wallpaper: $50.00 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 5316262?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5316262?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12585531-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5316262 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 5316262?

Cleaning: $350.00 awarded to landlord; Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Power Point/Wallpaper: $50.00 awarded to landlord; Rubbish Removal: $100.00 awarded to landlord

What type of tenancy dispute was case 5316262?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 5316262?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12585531-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5316262 — Cleanliness

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5316262 — net $828.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning/Stain removal: incl owners time	$350.00	Carpet Cleaning/Stain removal: incl owners time
Repairs: power point/wallpaper	$50.00	Repairs: power point/wallpaper
Cleaning: Inside/outside (incl oven	$300.00	Cleaning: Inside/outside (incl oven
Rubbish removal	$100.00	Rubbish removal
Filing fee	$28.00	Filing fee
Net award	$828.00
Total payable by Tenant to Landlord	$828.00

The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any prior contact with the Registry. A call to the tenant was attempted but unsuccessful. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.

The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.

A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a 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.”

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.

The landlord claims the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The statutory requirement is that tenants leave the premises in a reasonably clean and reasonably tidy condition. The RTA allows for fair wear and tear. A tenant is not required to leave a property spotless or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the oven and bathroom fittings are cleaned and all personal items removed. A tenant is not required to rigorously clean all walls, ceilings lightshades, skirtings, behind appliances or the outside of the house. It is common that a landlord wishes to clean to this “extra” level so that they can re-tenant or sell. However, that is a business decision that a landlord makes at their cost.

The landlord provided an invoice for a full house clean and rubbish removal. The total of $966.00 appears higher than any need established by the exit photos. A comparison with entry photos was also made. I have awarded $100.00 for rubbish removal, and $300.00 for the cleaning – the main efforts required being the oven and shower. The balance of that cost remains with the landlord.

A claim for carpet cleaning of $350.00 and $50.00 (owner) was made. The main issue was a number of significant stains that required removal. The landlord claimed a linger odour from a pet, most likely a dog. I have considered that as well as the tenancy agreement not allowing a pet and no pet being seen. I have award $350.00 of the claimed amounts to reflect the stain removal effort.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

The following damage was caused during the tenancy: a. One section of wallpaper pulled away. This was shown in a photo. b. One power point requiring replacement. This was shown in a photo.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Neither were pre-existing damage. The owner repaired and invoiced. The cost of the power point was $30.00 and the $20.00 awarded reflects the tenant share of $150.00 claimed for wallpaper repairs as the biggest repair shown was due to fair wear.

The amounts ordered are proved. Filing fee

As the applicant has been substantially successful the filing fee is returned. Suppression

Section 95A RTA states regarding suppression orders that 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 requested suppression in its application. As it has been substantially successful, suppression is ordered.

Reasons

Claims and awards in Tenancy Tribunal application 5316262 — net $828.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning/Stain removal: incl owners time	$350.00	Carpet Cleaning/Stain removal: incl owners time
Repairs: power point/wallpaper	$50.00	Repairs: power point/wallpaper
Cleaning: Inside/outside (incl oven	$300.00	Cleaning: Inside/outside (incl oven
Rubbish removal	$100.00	Rubbish removal
Filing fee	$28.00	Filing fee
Net award	$828.00
Total payable by Tenant to Landlord	$828.00

The landlord has applied for compensation, and reimbursement of the filing fee following the end of the tenancy.

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.

The landlord claims the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The following damage was caused during the tenancy: a. One section of wallpaper pulled away. This was shown in a photo. b. One power point requiring replacement. This was shown in a photo.

The amounts ordered are proved. Filing fee

As the applicant has been substantially successful the filing fee is returned. Suppression

The landlord requested suppression in its application. As it has been substantially successful, suppression is ordered.

Tenancy Tribunal case 5316262 — Cleanliness

At a glance

Tenancy Tribunal case 5316262 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

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

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions