How much money was awarded in case 5353182?

Cleaning: $291.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Weeding: $201.25 awarded to landlord

What type of tenancy dispute was case 5353182?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5353182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12889991-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5353182?

Cleaning: $291.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Weeding: $201.25 awarded to landlord

What type of tenancy dispute was case 5353182?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5353182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12889991-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5353182 — Cleanliness

Q: What was Tenancy Tribunal case 5353182 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 5353182 — net $28.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$291.00	Cleaning
Weeding	$201.25	Weeding
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$28.00
Total payable by Tenant to Landlord	$28.00

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

Tamrat Gebreyohanes and Abeba Hagos Kahsay must pay [The landlord/s] $28.00 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $492.25 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.

The landlord has applied for compensation.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The Tenant did not remove all rubbish or adequately weed the garden at the end of the tenancy. The outgoing inspection report identified that several areas required cleaning, including cupboards, oven, shower, drain, heat pump, kitchen drawers, window sills, blinds, tap and areas requiring vacuuming. The Landlord provided an invoice for the cleaning undertaken.

The Tenant disputed liability, stating they had made their best efforts to clean the premises and that some marks, including a mark in the toilet, could not be removed. The Tenant further submitted that certain marks were present at the commencement of the tenancy.

The Landlord also submitted that the Tenant failed to remove all weeds from the garden and did not clean the rubbish bins. Photographs taken at the conclusion of the tenancy were provided, showing weeds and dirty bins. An invoice for this work was also submitted.

The Tenant submitted that they completed as much weeding as possible and that the garden was small. They questioned the charge for cleaning the bins, asserting that the bins were full at the start of the tenancy. The Landlord submitted that they were not notified that the bins were full at the commencement of the tenancy.

In considering the evidence, I find the Tenant is liable for the cleaning and weeding costs claimed. The Landlord has provided clear photographic evidence from the end of the tenancy showing drain hair requiring removal, marks requiring wiping, weeds in the garden, and a dirty rubbish bin requiring cleaning. The outstanding cleaning requested by the Landlord for the Tenant was not that of professional cleaning, but the ordinary obligation on a tenant to leave the premises in a reasonably clean and tidy condition.

The amounts ordered are proved.

Section 95A RTA provides 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.

As the Landlord has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord. As the Tenant has not been successful, name suppression is not granted.

Claims and awards in Tenancy Tribunal application 5353182 — net $28.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Cleaning	$291.00	Cleaning
Weeding	$201.25	Weeding
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$28.00
Total payable by Tenant to Landlord	$28.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlords name and identifying details.
Tamrat Gebreyohanes and Abeba Hagos Kahsay must pay [The landlord/s] $28.00 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $492.25 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation.

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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The Tenant did not remove all rubbish or adequately weed the garden at the end of the tenancy. The outgoing inspection report identified that several areas required cleaning, including cupboards, oven, shower, drain, heat pump, kitchen drawers, window sills, blinds, tap and areas requiring vacuuming. The Landlord provided an invoice for the cleaning undertaken.
The Tenant disputed liability, stating they had made their best efforts to clean the premises and that some marks, including a mark in the toilet, could not be removed. The Tenant further submitted that certain marks were present at the commencement of the tenancy.
The Landlord also submitted that the Tenant failed to remove all weeds from the garden and did not clean the rubbish bins. Photographs taken at the conclusion of the tenancy were provided, showing weeds and dirty bins. An invoice for this work was also submitted.
The Tenant submitted that they completed as much weeding as possible and that the garden was small. They questioned the charge for cleaning the bins, asserting that the bins were full at the start of the tenancy. The Landlord submitted that they were not notified that the bins were full at the commencement of the tenancy.
In considering the evidence, I find the Tenant is liable for the cleaning and weeding costs claimed. The Landlord has provided clear photographic evidence from the end of the tenancy showing drain hair requiring removal, marks requiring wiping, weeds in the garden, and a dirty rubbish bin requiring cleaning. The outstanding cleaning requested by the Landlord for the Tenant was not that of professional cleaning, but the ordinary obligation on a tenant to leave the premises in a reasonably clean and tidy condition.
The amounts ordered are proved.
Section 95A RTA provides 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.
As the Landlord has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the Landlord. As the Tenant has not been successful, name suppression is not granted.

Tenancy Tribunal case 5353182 — Cleanliness

At a glance

Tenancy Tribunal case 5353182 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

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

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?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions