How much money was awarded in case 5344249?

Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Rubbish Removal: $297.15 awarded to landlord

What type of tenancy dispute was case 5344249?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5344249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13057525-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5344249?

Cleaning: $400.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Rubbish Removal: $500.00 awarded to landlord; Rubbish Removal: $297.15 awarded to landlord

What type of tenancy dispute was case 5344249?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5344249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13057525-Tribunal_Order_Redacted.pdf.

385A Somme Parade, Aramoho, Whanganui 4500 Tenancy Tribunal Case 5344249 — Cleanliness

Q: What was Tenancy Tribunal case 5344249 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 5344249 — net $65.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$400.00	Cleaning
Rubbish removal: transfer fees	$297.15	Rubbish removal: transfer fees
Rubbish removal	$500.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$65.15
Total payable by Tenant to Landlord	$65.15

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

Brenda Buist must pay [The landlord/s] $65.15 immediately, calculated as shown in the table below.

The Bond Centre is to pay the bond of $1,160.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Cleaning$400.00 Rubbish removal: transfer fees$297.15 Rubbish removal$500.00 Filing fee reimbursement$28.00 Total award$1,225.15 Bond$1,160.00 Total payable by Tenant to Landlord$65.15

Reasons

Both parties attended the hearing.

The landlord has applied for compensation, refund of the bond, 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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord provided photographic evidence of the property at the end of the tenancy. The tenant claimed that the property was left in as clean a condition as it was in at the start of the tenancy. The landlord was unable to provide photographic evidence of the state of cleanliness of the property at the start of the tenancy.

There is no definition of “reasonably clean and tidy" in the RTA. This can make it difficult when people have different understandings of what it means. Tribunal and District Court decisions over the years have decided that it means: a. To the standard an average reasonable bystander would consider reasonable. b. Not commercially clean, spotless, or to hotel or motel standard. c. The standard will vary according to the age and condition of the premises so the better and newer the premises, the higher the standard. d. A tenant should not be expected to keep the premises any cleaner and tidier than they were at the start of the tenancy. e. Not necessarily to the standard where the landlord would be happy to rent it out to a new tenant. f. There is no requirement that each and every individual item in the premises be left “reasonably” clean and tidy, only an overall obligation in relation to the tenancy premises. The standard of “reasonably clean” anticipates that some parts of the premises may not be perfect.

Th landlord’s evidence shows that a moderate amount of further cleaning was required, and the Tribunal accepts the landlord’s evidence that a large part of the amount claimed related to the removal of stickers or transfers on windows and surfaces.

The landlord’s evidence showed that there was a reasonable amount of rubbish and other discarded items that needed to be removed from outside the property. The landlord provided receipts for the tip fees and has claimed an hourly rate for his attendances.

The tenant is not required to pay more than a commercial contractor would have charged and the Tribunal has awarded sums commensurate with invoices it regularly sees in this area for the cleaning required and the removal of similar volumes of rubbish.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claimed that a curtain rail was broken during the tenancy and that the tenant incorrectly installed plumbing for a dishwasher that required replacement.

The tenant gave evidence that the curtain rail was broken at the start of the tenancy and that the landlord installed the dishwasher plumbing.

As the landlord did not provide any evidence refuting the tenant’s claims, the landlord has not proven on the balance of probabilities that the tenant is responsible for these items of repair.

The landlord’s claims for repair are dismissed.

Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5344249 — net $65.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$400.00	Cleaning
Rubbish removal: transfer fees	$297.15	Rubbish removal: transfer fees
Rubbish removal	$500.00	Rubbish removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$65.15
Total payable by Tenant to Landlord	$65.15

Order

An application for suppression has been made in this case and the Tribunal orders suppression of the landlord’s name and identifying details.
Brenda Buist must pay [The landlord/s] $65.15 immediately, calculated as shown in the table below.
The Bond Centre is to pay the bond of $1,160.00 ([Bond number suppressed]) to [The landlord/s] immediately. DescriptionLandlord Cleaning$400.00 Rubbish removal: transfer fees$297.15 Rubbish removal$500.00 Filing fee reimbursement$28.00 Total award$1,225.15 Bond$1,160.00 Total payable by Tenant to Landlord$65.15

Reasons

Both parties attended the hearing.
The landlord has applied for compensation, refund of the bond, 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, and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord provided photographic evidence of the property at the end of the tenancy. The tenant claimed that the property was left in as clean a condition as it was in at the start of the tenancy. The landlord was unable to provide photographic evidence of the state of cleanliness of the property at the start of the tenancy.
There is no definition of “reasonably clean and tidy" in the RTA. This can make it difficult when people have different understandings of what it means. Tribunal and District Court decisions over the years have decided that it means: a. To the standard an average reasonable bystander would consider reasonable. b. Not commercially clean, spotless, or to hotel or motel standard. c. The standard will vary according to the age and condition of the premises so the better and newer the premises, the higher the standard. d. A tenant should not be expected to keep the premises any cleaner and tidier than they were at the start of the tenancy. e. Not necessarily to the standard where the landlord would be happy to rent it out to a new tenant. f. There is no requirement that each and every individual item in the premises be left “reasonably” clean and tidy, only an overall obligation in relation to the tenancy premises. The standard of “reasonably clean” anticipates that some parts of the premises may not be perfect.
Th landlord’s evidence shows that a moderate amount of further cleaning was required, and the Tribunal accepts the landlord’s evidence that a large part of the amount claimed related to the removal of stickers or transfers on windows and surfaces.
The landlord’s evidence showed that there was a reasonable amount of rubbish and other discarded items that needed to be removed from outside the property. The landlord provided receipts for the tip fees and has claimed an hourly rate for his attendances.
The tenant is not required to pay more than a commercial contractor would have charged and the Tribunal has awarded sums commensurate with invoices it regularly sees in this area for the cleaning required and the removal of similar volumes of rubbish.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

The landlord claimed that a curtain rail was broken during the tenancy and that the tenant incorrectly installed plumbing for a dishwasher that required replacement.
The tenant gave evidence that the curtain rail was broken at the start of the tenancy and that the landlord installed the dishwasher plumbing.
As the landlord did not provide any evidence refuting the tenant’s claims, the landlord has not proven on the balance of probabilities that the tenant is responsible for these items of repair.
The landlord’s claims for repair are dismissed.
Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5344249 — Cleanliness at 385A Somme Parade, Aramoho, Whanganui 4500

At a glance

Tenancy Tribunal case 5344249 — Cleanliness at 385A Somme Parade, Aramoho, Whanganui 4500

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