What was Tenancy Tribunal case 5357481 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay Northwest Realty

How much money was awarded in case 5357481?

Carpet Stain Removal: $189.75 awarded to landlord; Cleaning: $97.75 awarded to landlord; Rent Arrears: $974.29 awarded to landlord

What type of tenancy dispute was case 5357481?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5357481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12733568-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5357481 about?

The tribunal order states: [The tenant/s] and [The tenant/s] to pay Northwest Realty

How much money was awarded in case 5357481?

Carpet Stain Removal: $189.75 awarded to landlord; Cleaning: $97.75 awarded to landlord; Rent Arrears: $974.29 awarded to landlord

What type of tenancy dispute was case 5357481?

The primary dispute was Rent arrears. Related themes: Cleanliness.

Where can I read the official tribunal order for case 5357481?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12733568-Tenancy_Tribunal_Order.pdf.

44 Clyma Place, Massey, Auckland 0614 Tenancy Tribunal Case 5357481 — Rent arrears

Tenantcheck Insights

Order

Claims and awards in Tenancy Tribunal application 5357481 — net $1,261.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$974.29	Rent arrears
Carpet stain removal	$189.75	Carpet stain removal
Oven cleaning	$97.75	Oven cleaning
Net award	$1,261.79
Bond	$2,480.00
Total payable by Tenant to Landlord	$1,261.79

[The tenant/s] and [The tenant/s] to pay Northwest Realty Limited As Agents For Lyn & Parn Rameka $1,261.79 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,480.00 (5948190-001) immediately apportioned as follows: Northwest Realty Limited As Agents For Lyn & Parn Rameka: $1,261.79 [The tenant/s] and [The tenant/s]: $1,218.21

Reasons

Both parties attended the hearing, conducted via video conference.

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

The tenant had sought the return of her bond.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy. There was some confusion as the tenant had proactively contacted the landlord to ascertain final rent arrears. She was told $11.00 when that should have been 11 days of arrears that totalled $974.29. The error notwithstanding, the rent liability was confirmed and accepted by the tenant.

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 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 stove 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 expense.

The tenant did not leave the oven reasonably clean and did not remove a carpet stain (she had previously had the carpet steam cleaned but with no stain removal). The invoiced costs for oven cleaning ($97.75) and carpet stain removal ($189.75) are proven and awarded.

The landlord also claimed for further cleaning costs of four hours. I dismiss this as unproven. The exit photos provided as evidence of areas cleaned were behind or under a pulled-out hardwired oven or mostly in window or ranch slider frame recesses that were only apparent when open. There were no comparative photos from commencement and the residue evident is not obvious as appearing from since this tenancy. Even if it were, the areas attended to are not areas considered something a tenant should be expected to thoroughly clean as was done via cleaners here. Filing fee

Each party has enjoyed some success therefore I leave each to carry their own filing fee. Bond

The tenant was frustrated with the delay in bond processing, requesting a partial release given the landlord claims, even if successful, left a considerable balance due to the tenant. While she sought further orders relating to this, I explained the limited grounds for such orders. I acknowledge her frustration given the financial demands of a new tenancy startup at exit from this tenancy. 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.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

The landlord requested suppression in its application. As it has not been wholly or substantially successful, suppression is not ordered.

Order

Claims and awards in Tenancy Tribunal application 5357481 — net $1,261.79 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$974.29	Rent arrears
Carpet stain removal	$189.75	Carpet stain removal
Oven cleaning	$97.75	Oven cleaning
Net award	$1,261.79
Bond	$2,480.00
Total payable by Tenant to Landlord	$1,261.79

[The tenant/s] and [The tenant/s] to pay Northwest Realty Limited As Agents For Lyn & Parn Rameka $1,261.79 from the bond, calculated as shown in table below.

Reasons

Both parties attended the hearing, conducted via video conference.

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

The tenant had sought the return of her bond.

How much is owed for rent?

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.

Each party has enjoyed some success therefore I leave each to carry their own filing fee. Bond

The landlord requested suppression in its application. As it has not been wholly or substantially successful, suppression is not ordered.

Tenancy Tribunal case 5357481 — Rent arrears at 44 Clyma Place, Massey, Auckland 0614

At a glance

Tenancy Tribunal case 5357481 — Rent arrears at 44 Clyma Place, Massey, Auckland 0614

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions