What was the outcome of Tenancy Tribunal case 4586669?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4586669?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,828.57 awarded to landlord

What type of tenancy dispute was case 4586669?

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

Where can I read the official tribunal order for case 4586669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9455459-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4586669?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4586669?

Cleaning: $300.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,828.57 awarded to landlord

What type of tenancy dispute was case 4586669?

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

Where can I read the official tribunal order for case 4586669?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9455459-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2001, 11 Liverpool Street, Auckland Central, Tenancy Tribunal Case 4586669 — Rent arrears

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Unit/Flat 2001, 11 Liverpool Street, Auckland Central, Tenancy Tribunal Case 4586669 — Rent arrears | 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 4586669 — net $1,349.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,828.57	Rent arrears
Cleaning	$300.00	10. In those circumstances, I order the tenant to pay $300.00 which in light of the photos would be a reasonable sum to bring the premises to a clean and tidy…
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,349.01
Total payable by Tenant to Landlord	$1,349.01

Claims and awards for application 4586669 — net $1,349.01 NZD. Verify on MoJ.

Rent arrears

Amount: $2,828.57
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: 10. In those circumstances, I order the tenant to pay $300.00 which in light of the photos would be a reasonable sum to bring the premises to a clean and tidy…

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,349.01

Total payable by Tenant to Landlord

Landlord $1,349.01

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision
Michelle Liess and Alisa Mujkanovic must pay Viaduct City Rentals Limited As Agent For Craig & Nerilee Shipman $1,349.01 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (5294297-020) to Viaduct City Rentals Limited As Agent For Craig & Nerilee Shipman immediately.

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenants on the phone numbers provided. None of the calls could be connected. The Tribunal may hear matters in the absence of party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 6 May 2023. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $2,828.57.

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

Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy (ss 40(1)(c) and (e)(iii) 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 emphasis is mine).
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 provided copies of their end of tenancy inspection report, photos of the premises and the cleaning invoice in support of their claim.
The cleaning carried out was the only cleaning carried out between tenancies. The landlord accepted that the cleaning was done to a standard where the premises could be relet to new tenants. As mentioned, the standard required for tenants is reasonably clean and tidy. It is generally accepted that this is a lower standard than that required at the commencement of a tenancy and that further cleaning will be necessary.
In those circumstances, I order the tenant to pay $300.00 which in light of the photos would be a reasonable sum to bring the premises to a clean and tidy standard.
As Viaduct City Rentals Limited As Agent For Craig & Nerilee Shipman has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.

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 4586669 — net $1,349.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$2,828.57	Rent arrears
Cleaning	$300.00	10. In those circumstances, I order the tenant to pay $300.00 which in light of the photos would be a reasonable sum to bring the premises to a clean and tidy…
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,349.01
Total payable by Tenant to Landlord	$1,349.01

Claims and awards for application 4586669 — net $1,349.01 NZD. Verify on MoJ.

Rent arrears

Amount: $2,828.57
Awarded to: Landlord
Reason: Rent arrears

Cleaning

Amount: $300.00
Awarded to: Landlord
Reason: 10. In those circumstances, I order the tenant to pay $300.00 which in light of the photos would be a reasonable sum to bring the premises to a clean and tidy…

Filing fee reimbursement

Amount: $20.44
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $1,349.01

Total payable by Tenant to Landlord

Landlord $1,349.01

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision
Michelle Liess and Alisa Mujkanovic must pay Viaduct City Rentals Limited As Agent For Craig & Nerilee Shipman $1,349.01 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,800.00 (5294297-020) to Viaduct City Rentals Limited As Agent For Craig & Nerilee Shipman immediately.

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenants on the phone numbers provided. None of the calls could be connected. The Tribunal may hear matters in the absence of party where satisfied that notice of the hearing has been given. I am so satisfied.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent ?

The tenancy ended on 6 May 2023. The landlord provided rent records and which prove the amount owing at the end of the tenancy was $2,828.57.

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

Landlords are required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy (ss 40(1)(c) and (e)(iii) 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 emphasis is mine).
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 provided copies of their end of tenancy inspection report, photos of the premises and the cleaning invoice in support of their claim.
The cleaning carried out was the only cleaning carried out between tenancies. The landlord accepted that the cleaning was done to a standard where the premises could be relet to new tenants. As mentioned, the standard required for tenants is reasonably clean and tidy. It is generally accepted that this is a lower standard than that required at the commencement of a tenancy and that further cleaning will be necessary.
In those circumstances, I order the tenant to pay $300.00 which in light of the photos would be a reasonable sum to bring the premises to a clean and tidy standard.
As Viaduct City Rentals Limited As Agent For Craig & Nerilee Shipman has substantially succeeded with the claim I have ordered the tenants to reimburse the filing fee.

Tenancy Tribunal case 4586669 — Rent arrears at Unit/Flat 2001, 11 Liverpool Street, Auckland Central,

At a glance

Tenancy Tribunal case 4586669 — Rent arrears at Unit/Flat 2001, 11 Liverpool Street, Auckland Central,

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