What was Tenancy Tribunal case 5481792 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 5481792?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5481792?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5481792?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13703663-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5481792 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 5481792?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5481792?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5481792?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13703663-Tribunal_Order_Redacted.pdf.

110 Ormond Road, Whataupoko, Gisborne 4010 Tenancy Tribunal Case 5481792 — Cleanliness

Tenantcheck Insights

Reasons

Both parties attended the hearing.

The tenant has applied for a refund of a deduction made from his bond for carpet cleaning and stain removal treatment at the end of the tenancy. He considers the carpets were left in a reasonable condition and that the stains were fair wear and tear.

The landlord believes the tenant has breached the obligation to leave the carpets in a reasonably clean and tidy condition at the end of the tenancy, was advised he would be liable for the cost and that the deduction was fair and reasonable and the application should be dismissed. Did the tenant comply with his obligation to leave the carpets in a reasonably clean and tidy condition at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises including the carpets in a reasonably clean and tidy condition. See section 40(1)(e)(iii) Residential Tenancies Act 1986.

The carpets were brand new at the beginning of the tenancy. I am satisfied the dining room carpet and carpet in one of the bedrooms was stained at the end of the tenancy and it was therefore reasonable for the landlord to have the carpets professionally cleaned and the stains professionally treated.

The carpet cleaner explanation about why the carpets needed both cleaning and stain removal treatment is accepted.

While the cost is reasonably high, I am satisfied that it was actually incurred to remedy the breach, and not satisfied that it should be reduced as the landlord has failed to mitigate (or ensure the cost is reasonable).

I am also satisfied that the landlord explained to the tenant at the final inspection that it was likely a bond deduction would be made for carpet cleaning (but that the owner would be consulted before this was finalised). No estoppel issue arises which would prevent the landlord making the claim. The staining is evident on the photographs, occurred during the tenancy and is more than fair wear and tear, in my assessment.

I have approved name suppression for both parties as I consider it was reasonable for the tenant to bring the claim in the circumstances and there is negligible public interest in publishing either parties names.

Reasons

Both parties attended the hearing.

At the end of the tenancy the tenant must leave the premises including the carpets in a reasonably clean and tidy condition. See section 40(1)(e)(iii) Residential Tenancies Act 1986.

The carpet cleaner explanation about why the carpets needed both cleaning and stain removal treatment is accepted.

Tenancy Tribunal case 5481792 — Cleanliness at 110 Ormond Road, Whataupoko, Gisborne 4010

At a glance

Tenancy Tribunal case 5481792 — Cleanliness at 110 Ormond Road, Whataupoko, Gisborne 4010

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions