What was Tenancy Tribunal case 5399488 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 5399488?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Water Rates: $572.32 awarded to landlord

What type of tenancy dispute was case 5399488?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5399488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13209117-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5399488 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 5399488?

Cleaning: $300.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Water Rates: $572.32 awarded to landlord

What type of tenancy dispute was case 5399488?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5399488?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13209117-Tribunal_Order_Redacted.pdf.

41 Awatira Drive, Papamoa Beach, Papamoa 3118 Tenancy Tribunal Case 5399488 — Cleanliness

Claims and awards in Tenancy Tribunal application 5399488 — net $900.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: to 9.10.25	$572.32	Water rates: to 9.10.25
Cleaning	$300.00	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$900.32
Total payable by Tenant to Landlord	$900.32

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] must pay Eves Realty Limited As Agent For Gurnek Brar $900.32 immediately, calculated as shown in table below.

All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant attended part of the hearing by phone and was assisted with an interpreter. With her consent the tenant's husband (who appeared in person) represented her at times during the hearing when she was present on the phone and after she left to attend to childcare commitments.
The landlord has applied for water rates, compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy commenced on 3 January 2025 and ended on 12 October 2025. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for water rates?

The tenant is responsible for water consumption charges. 1 The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
The amount ordered is calculated as follows- 29/4/25 – 14/7/25 - $262.72 14/7/25 – 9/10/25 - $309.60 Total - $572.32 The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy and remove all rubbish. 2
There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises 1 See section 39 RTA. 2 See section 40(1)(e) of the RTA. (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work).
Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 3 Reasonably clean does not mean commercially clean. 4 Reasonably clean does not mean spotless to a hotel or motel standard. 5
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. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy.
However, the tenant was close to reaching the standard of reasonably clean and tidy. I consider some final wiping down of surfaces was required. I am not satisfied that tenant is responsible for compensating the landlord for the full cleaning cost for a deep clean. I have ordered that the tenant pay part of the cleaning costs incurred by the landlord, taking into account the relevant considerations I have referred to above about end of tenancy cleaning. The amount ordered of $300 is proved. Other claims
The claim for compensation in respect of the carpet damage was withdrawn at the hearing because the landlord acknowledged the damage was present at the commencement of the tenancy.
The landlord claimed the cost of a filing fee in respect of an application that was resolved at mediation. The mediation order did not include the filing fee as part of the debt owed by the tenant. I consider that is a cost associated with the previous order, not the current proceedings. The RTA does not allow an order for costs to be made in respect of a previous claim. The claim for the application filing fee for the previous order is dismissed. 6 Filing Fee
Because the landlord has been partly successful in their claim, I have ordered that the tenant pay the landlord the application filing fee of $28. 7 Suppression 3 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 4 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 5 Richards v Scully TT Christchurch TT2043/98, 21 July 1998. 6 See s 104 (4) RTA. 7 See section 102 of the RTA.
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. 8
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 and may attach any conditions to that order that the Tribunal considers appropriate. 9
The landlord did not seek name suppression.
The tenant applied for name suppression and as she consented to the water rates claim and has had substantial success in defending balance of the landlord’s claim I will order suppression of the tenant’s name and identifying details.

Claims and awards in Tenancy Tribunal application 5399488 — net $900.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: to 9.10.25	$572.32	Water rates: to 9.10.25
Cleaning	$300.00	Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$900.32
Total payable by Tenant to Landlord	$900.32

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
[The tenant/s] must pay Eves Realty Limited As Agent For Gurnek Brar $900.32 immediately, calculated as shown in table below.

All other claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant attended part of the hearing by phone and was assisted with an interpreter. With her consent the tenant's husband (who appeared in person) represented her at times during the hearing when she was present on the phone and after she left to attend to childcare commitments.
The landlord has applied for water rates, compensation and reimbursement of the filing fee following the end of the tenancy.
The tenancy commenced on 3 January 2025 and ended on 12 October 2025. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations. That includes a requirement that the applicant establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

How much is owed for water rates?

The tenant is responsible for water consumption charges. 1 The landlord provided water rates invoices which prove the amount owing at the end of the tenancy.
The amount ordered is calculated as follows- 29/4/25 – 14/7/25 - $262.72 14/7/25 – 9/10/25 - $309.60 Total - $572.32 The Law – tenant’s obligations at the end of the tenancy
At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) reasonably clean and tidy and remove all rubbish. 2
There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises 1 See section 39 RTA. 2 See section 40(1)(e) of the RTA. (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work).
Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 3 Reasonably clean does not mean commercially clean. 4 Reasonably clean does not mean spotless to a hotel or motel standard. 5
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. Cleaning and rubbish removal
The tenant did not leave the premises reasonably clean and tidy.
However, the tenant was close to reaching the standard of reasonably clean and tidy. I consider some final wiping down of surfaces was required. I am not satisfied that tenant is responsible for compensating the landlord for the full cleaning cost for a deep clean. I have ordered that the tenant pay part of the cleaning costs incurred by the landlord, taking into account the relevant considerations I have referred to above about end of tenancy cleaning. The amount ordered of $300 is proved. Other claims
The claim for compensation in respect of the carpet damage was withdrawn at the hearing because the landlord acknowledged the damage was present at the commencement of the tenancy.
The landlord claimed the cost of a filing fee in respect of an application that was resolved at mediation. The mediation order did not include the filing fee as part of the debt owed by the tenant. I consider that is a cost associated with the previous order, not the current proceedings. The RTA does not allow an order for costs to be made in respect of a previous claim. The claim for the application filing fee for the previous order is dismissed. 6 Filing Fee
Because the landlord has been partly successful in their claim, I have ordered that the tenant pay the landlord the application filing fee of $28. 7 Suppression 3 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 4 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 5 Richards v Scully TT Christchurch TT2043/98, 21 July 1998. 6 See s 104 (4) RTA. 7 See section 102 of the RTA.
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. 8
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 and may attach any conditions to that order that the Tribunal considers appropriate. 9
The landlord did not seek name suppression.
The tenant applied for name suppression and as she consented to the water rates claim and has had substantial success in defending balance of the landlord’s claim I will order suppression of the tenant’s name and identifying details.

Tenancy Tribunal case 5399488 — Cleanliness at 41 Awatira Drive, Papamoa Beach, Papamoa 3118

At a glance

Tenancy Tribunal case 5399488 — Cleanliness at 41 Awatira Drive, Papamoa Beach, Papamoa 3118

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for water rates?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions