How much money was awarded in case 4647430?

Cleaning: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,714.29 awarded to landlord

What type of tenancy dispute was case 4647430?

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

Where can I read the official tribunal order for case 4647430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9480242-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4647430?

Cleaning: $900.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $1,714.29 awarded to landlord

What type of tenancy dispute was case 4647430?

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

Where can I read the official tribunal order for case 4647430?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9480242-Tenancy_Tribunal_Order.pdf.

1 Findlater Street, Matamata, Matamata 3400 Tenancy Tribunal Case 4647430 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4647430?

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

Order

Claims and awards in Tenancy Tribunal application 4647430 — net $234.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,714.29	Rent arrears
Cleaning	$900.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$234.73
Total payable by Tenant to Landlord	$234.73

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Samuel James Shuttleworth must pay Property Brokers Limited As Agent For Harry Dhillon And Rameek Kaur $234.73 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,400.00 (5942703-009) to Property Brokers Limited As Agent For Harry Dhillon And Rameek Kaur immediately.

Reasons

The landlord attended this remote teleconference hearing.

Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a 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 21 June 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,714.29.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

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.

No photos of the premises were provided. The landlord said that on inspection at the end of the tenancy, it appeared that no cleaning whatsoever had been done by the tenant. In particular the landlord noted; • Rubbish everywhere. • Food scraps • Dog urine. • Fly dirt • Oven not cleaned • Nothing wiped down • No vacuuming had been done.

The landlord provided an invoice for cleaning for $1,381.63.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenant standard of cleanliness is “reasonably clean and tidy”. It is accepted that this is generally a lower standard than that required of a landlord at the commencement of a tenancy.

The landlord accepted that the cleaning claimed for is the only cleaning carried out between the end of this tenancy and the commencement of the next tenancy. That cleaning is to a higher standard than that required of the tenant. In those circumstances, I consider that a reasonable contribution by the tenant to cleaning costs to bring the premises to the required standard would be $900.00.

As Property Brokers Limited As Agent For Harry Dhillon And Rameek Kaur has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4647430 — net $234.73 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,714.29	Rent arrears
Cleaning	$900.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$234.73
Total payable by Tenant to Landlord	$234.73

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Samuel James Shuttleworth must pay Property Brokers Limited As Agent For Harry Dhillon And Rameek Kaur $234.73 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,400.00 (5942703-009) to Property Brokers Limited As Agent For Harry Dhillon And Rameek Kaur immediately.

Reasons

The landlord attended this remote teleconference hearing.
Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a 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 21 June 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy was $1,714.29.

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

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
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.
No photos of the premises were provided. The landlord said that on inspection at the end of the tenancy, it appeared that no cleaning whatsoever had been done by the tenant. In particular the landlord noted; • Rubbish everywhere. • Food scraps • Dog urine. • Fly dirt • Oven not cleaned • Nothing wiped down • No vacuuming had been done.
The landlord provided an invoice for cleaning for $1,381.63.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The tenant standard of cleanliness is “reasonably clean and tidy”. It is accepted that this is generally a lower standard than that required of a landlord at the commencement of a tenancy.
The landlord accepted that the cleaning claimed for is the only cleaning carried out between the end of this tenancy and the commencement of the next tenancy. That cleaning is to a higher standard than that required of the tenant. In those circumstances, I consider that a reasonable contribution by the tenant to cleaning costs to bring the premises to the required standard would be $900.00.
As Property Brokers Limited As Agent For Harry Dhillon And Rameek Kaur has substantially succeeded with the claim I have ordered the tenant to reimburse the filing fee.

Tenancy Tribunal case 4647430 — Rent arrears at 1 Findlater Street, Matamata, Matamata 3400

At a glance

Tenancy Tribunal case 4647430 — Rent arrears at 1 Findlater Street, Matamata, Matamata 3400

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