What was Tenancy Tribunal case 5452210 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 5452210?

Cleaning: $100.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Water Rates: $65.17 awarded to landlord

What type of tenancy dispute was case 5452210?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5452210?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13844494-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5452210 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 5452210?

Cleaning: $100.00 awarded to landlord; Cleaning: $100.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Water Rates: $65.17 awarded to landlord

What type of tenancy dispute was case 5452210?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5452210?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13844494-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5452210 — Cleanliness

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New Zealand Tenancy Tribunal Case 5452210 — 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 5452210 — net $293.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: as agreed	$65.17	2. The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Carpet Cleaning: stain removal	$100.00	Carpet Cleaning: stain removal
Cleaning	$100.00	Carpet Cleaning: stain removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$293.17
Total payable by Tenant to Landlord	$293.17

Claims and awards for application 5452210 — net $293.17 NZD. Verify on MoJ.

Water rates: as agreed

Amount: $65.17
Awarded to: Landlord
Reason: 2. The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Carpet Cleaning: stain removal

Amount: $100.00
Awarded to: Landlord
Reason: Carpet Cleaning: stain removal

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Carpet Cleaning: stain removal

Filing fee reimbursement

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

Net award

Landlord $293.17

Total payable by Tenant to Landlord

Landlord $293.17

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
[The tenant/s] and [The tenant/s] must pay [The landlord/s] $293.17 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. The tenants agreed to pay.

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

There is a large claim for cleaning and carpet cleaning. Tenants must 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).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
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 landlord must prove the claim. I have evaluated the photos taken at the final inspection. I find the tenants should pay for some additional cleaning of the skirtings, some of the kitchen cupboards, the laundry floor, and some parts of the bathrooms. I also find the tenants should pay for removing some stains from the carpet. I have allowed $200 which seems reasonable based on the evidence provided. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has applied for suppression. 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.
The landlord’s name is suppressed because they are the most successful party. The tenants’ names will be published because there is public interest when tenants need to pay for extra cleaning at the end of the tenancy.

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 5452210 — net $293.17 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: as agreed	$65.17	2. The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Carpet Cleaning: stain removal	$100.00	Carpet Cleaning: stain removal
Cleaning	$100.00	Carpet Cleaning: stain removal
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$293.17
Total payable by Tenant to Landlord	$293.17

Claims and awards for application 5452210 — net $293.17 NZD. Verify on MoJ.

Water rates: as agreed

Amount: $65.17
Awarded to: Landlord
Reason: 2. The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

Carpet Cleaning: stain removal

Amount: $100.00
Awarded to: Landlord
Reason: Carpet Cleaning: stain removal

Cleaning

Amount: $100.00
Awarded to: Landlord
Reason: Carpet Cleaning: stain removal

Filing fee reimbursement

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

Net award

Landlord $293.17

Total payable by Tenant to Landlord

Landlord $293.17

Claim types — money lines allowed on this order

Carpet Cleaning Cleanliness Filing Fee Water Rates

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
[The tenant/s] and [The tenant/s] must pay [The landlord/s] $293.17 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing.
The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for water rates?

The landlord provided water rates invoices which prove the amount owing at the end of the tenancy. The tenants agreed to pay.

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

There is a large claim for cleaning and carpet cleaning. Tenants must 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).
In Ace Property Management v Owens (DC Wellington, CIV-2008-085-14441, 17 December 2008) the District Court said: A tenant’s obligation pursuant to the Act to leave a property in a “reasonably clean and reasonably tidy condition” does not mean that it will necessarily be up to a standard that a landlord may consider for a new tenant. It is a mistake for landlords to confuse those two matters.
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 landlord must prove the claim. I have evaluated the photos taken at the final inspection. I find the tenants should pay for some additional cleaning of the skirtings, some of the kitchen cupboards, the laundry floor, and some parts of the bathrooms. I also find the tenants should pay for removing some stains from the carpet. I have allowed $200 which seems reasonable based on the evidence provided. Other orders
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord has applied for suppression. 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.
The landlord’s name is suppressed because they are the most successful party. The tenants’ names will be published because there is public interest when tenants need to pay for extra cleaning at the end of the tenancy.

Tenancy Tribunal case 5452210 — Cleanliness

At a glance

Award balance

Tenancy Tribunal case 5452210 — Cleanliness

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for water rates?

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

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions