What was Tenancy Tribunal case 5365121 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 5365121?

Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $209.59 awarded to landlord; Rent Credit: $190.00 awarded to tenant

What type of tenancy dispute was case 5365121?

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

Where can I read the official tribunal order for case 5365121?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13280299-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5365121 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 5365121?

Cleaning: $345.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Property Damage: $209.59 awarded to landlord; Rent Credit: $190.00 awarded to tenant

What type of tenancy dispute was case 5365121?

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

Where can I read the official tribunal order for case 5365121?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13280299-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5365121 — Cleanliness

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New Zealand Tenancy Tribunal Case 5365121 — Cleanliness | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5365121 — net $237.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning by consent	$345.00		Cleaning by consent
Repairs to the downpipe by consent	$209.59		Repairs to the downpipe by consent
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond refunded		$630.00	Bond refunded
Rent credit		$190.00	Rent credit
Total award	$582.59	$820.00
Net award		$237.41
Total payable by Landlord to Tenant		$237.41

Claims and awards for application 5365121 — net $237.41 NZD. Verify on MoJ.

Cleaning by consent

Amount: $345.00
Awarded to: Landlord
Reason: Cleaning by consent

Repairs to the downpipe by consent

Amount: $209.59
Awarded to: Landlord
Reason: Repairs to the downpipe by consent

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Bond refunded

Amount: $630.00
Awarded to: Tenant
Reason: Bond refunded

Rent credit

Amount: $190.00
Awarded to: Tenant
Reason: Rent credit

Dismissed claims

Cleaning — because: • The ceilings were very high and the tenant could not reach the upper walls or ceilings, even with a mop. • I find the presence of fly spots is fair…

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
[The landlord/s] must pay [The tenant/s] $237.41 immediately, calculated as shown in table below.

The claim for the steam clean is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been refunded to the landlord and there is a rent credit of $190 in the tenant’s ledger.
The tenant accepted the claims for the exit cleaning invoice and for the downpipe and orders are made by consent.
I have not allowed the claim for steam cleaning the walls and ceilings after the end of the 17 year tenancy. Tenants are required to return the 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).
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 claim for cleaning fly spots off the upper walls and ceilings is dismissed because: • The ceilings were very high and the tenant could not reach the upper walls or ceilings, even with a mop. • I find the presence of fly spots 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. • 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.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
I have allowed suppression for all parties. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest. I have allowed suppression because the orders have been made by consent and I find there is no public interest in the tenant’s name.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5365121 — net $237.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning by consent	$345.00		Cleaning by consent
Repairs to the downpipe by consent	$209.59		Repairs to the downpipe by consent
Filing fee reimbursement	$28.00		Filing fee reimbursement
Bond refunded		$630.00	Bond refunded
Rent credit		$190.00	Rent credit
Total award	$582.59	$820.00
Net award		$237.41
Total payable by Landlord to Tenant		$237.41

Claims and awards for application 5365121 — net $237.41 NZD. Verify on MoJ.

Cleaning by consent

Amount: $345.00
Awarded to: Landlord
Reason: Cleaning by consent

Repairs to the downpipe by consent

Amount: $209.59
Awarded to: Landlord
Reason: Repairs to the downpipe by consent

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Bond refunded

Amount: $630.00
Awarded to: Tenant
Reason: Bond refunded

Rent credit

Amount: $190.00
Awarded to: Tenant
Reason: Rent credit

Dismissed claims

Cleaning — because: • The ceilings were very high and the tenant could not reach the upper walls or ceilings, even with a mop. • I find the presence of fly spots is fair…

Claim types — money lines allowed on this order

Cleanliness Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details.
[The landlord/s] must pay [The tenant/s] $237.41 immediately, calculated as shown in table below.

The claim for the steam clean is dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. The bond has been refunded to the landlord and there is a rent credit of $190 in the tenant’s ledger.
The tenant accepted the claims for the exit cleaning invoice and for the downpipe and orders are made by consent.
I have not allowed the claim for steam cleaning the walls and ceilings after the end of the 17 year tenancy. Tenants are required to return the 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).
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 claim for cleaning fly spots off the upper walls and ceilings is dismissed because: • The ceilings were very high and the tenant could not reach the upper walls or ceilings, even with a mop. • I find the presence of fly spots 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. • 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.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
I have allowed suppression for all parties. Section 95A RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, order that the name of a party not be published, having regard to the interests of the parties and to the public interest. I have allowed suppression because the orders have been made by consent and I find there is no public interest in the tenant’s name.

Tenancy Tribunal case 5365121 — Cleanliness

At a glance

Award balance

Tenancy Tribunal case 5365121 — Cleanliness

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions