What was the outcome of Tenancy Tribunal case 4666574?

The tribunal order states: Tahliah Matisse Mania Gallagher and Te Kawa Rau Moses Karaka Solomon-

How much money was awarded in case 4666574?

Cleaning: $1,600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Stairwell Wall- By Consent: $138.00 awarded to landlord; Water Rates: $80.91 awarded to landlord

What type of tenancy dispute was case 4666574?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4666574?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9975370-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4666574?

The tribunal order states: Tahliah Matisse Mania Gallagher and Te Kawa Rau Moses Karaka Solomon-

How much money was awarded in case 4666574?

Cleaning: $1,600.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Stairwell Wall- By Consent: $138.00 awarded to landlord; Water Rates: $80.91 awarded to landlord

What type of tenancy dispute was case 4666574?

The primary dispute was Cleanliness. Related themes: Property damage.

Where can I read the official tribunal order for case 4666574?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9975370-Tenancy_Tribunal_Order.pdf.

27 Warbler Crescent, Papakura, Papakura 2110 Tenancy Tribunal Case 4666574 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4666574 — net $1,839.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: By consent	$80.91	2. The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Repairs: Stairwell wall- By consent	$138.00	Repairs: Stairwell wall- By consent
Cleaning	$1,600.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,839.35
Total payable by Tenant to Landlord	$1,839.35

Both parties attended the hearing. Mr Moses attended for the Tenants. His wife, Ms Gallagher was not present.

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

By consent the Tenant agreed to paying the water rates and repairs to the stairwell wall.

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, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The house required cleaning on the inside, the grass outside needed mowing and repairing from cars parked on the grass and rubbish needed removing which included the trampoline.

The Landlord provided an outgoing inspection report and stated the property appeared as if the Tenants just moved their belongings out and did not do any cleaning. The Landlord submitted she had a good relationship with Ms Gallagher who was not present at the hearing. Ms Gallagher was advised of the amount the Tenants would be charged if the cleaners were to proceed with the vacate clean. Ms Gallagher agreed to this invoice and paying it in instalments however this was a verbal conversation with the Landlord.

The Tenant, Mr Moses submitted they never agreed to pay for the cleaning invoice as it was excessive. They had put their heart and soul into cleaning the property when they left. It was in better condition than when they moved into the property. The Tenant did recall they did not clean the light fittings and scuff marks on the walls could have been left from the moving. They also remember there were stains on the carpet at the start of the tenancy. They kept the house clean and tidy during the tenancy so there was not much to do when they moved out. The Tenant submitted the Landlord may have had a hidden agenda to earn money and retrieve this through the Tenant. The Tenant submitted cleaning should be $300.00 in total for the work of two people.

In considering the evidence, I find the Tenant did not leave the property in a clean and tidy condition. The landlord had photographs of the way the property was left when the Tenants moved out. Although they did not have a written record of the agreement by Ms Gallagher to pay for the cleaning, I find this to be true. The landlord spoke positively of her relationship with the Tenant so I cannot see why she would lie about Ms Gallagher agreeing to pay for the cleaning. The Tenant also did not provide independent quotes of other cleaning companies to show the charges were excessive or photographs of how he left the property. Instead, he submitted he used to manage a hotel and dealt with professional cleaners. From this experience, the cleaning charges were unjustified.

For these reasons, the amount ordered is proved.

As Ravenstone Management Limited - As Agent For Stephen Chia Family Trust has wholly succeeded with the claim the Tenant must reimburse the filing fee.

As the Tenant has not been successful name suppression is not granted to the Tenant. The Landlord did not request name suppression.

Claims and awards in Tenancy Tribunal application 4666574 — net $1,839.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates: By consent	$80.91	2. The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
Repairs: Stairwell wall- By consent	$138.00	Repairs: Stairwell wall- By consent
Cleaning	$1,600.00	Cleaning
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,839.35
Total payable by Tenant to Landlord	$1,839.35

Order

Tahliah Matisse Mania Gallagher and Te Kawa Rau Moses Karaka Solomon- Tauhinu must pay Ravenstone Management Limited - As Agent For Stephen Chia Family Trust $1,839.35 immediately, calculated as shown in table below.

Reasons

Both parties attended the hearing. Mr Moses attended for the Tenants. His wife, Ms Gallagher was not present.
The landlord has applied for water rates arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
By consent the Tenant agreed to paying the water rates and repairs to the stairwell wall.

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, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The house required cleaning on the inside, the grass outside needed mowing and repairing from cars parked on the grass and rubbish needed removing which included the trampoline.
The Landlord provided an outgoing inspection report and stated the property appeared as if the Tenants just moved their belongings out and did not do any cleaning. The Landlord submitted she had a good relationship with Ms Gallagher who was not present at the hearing. Ms Gallagher was advised of the amount the Tenants would be charged if the cleaners were to proceed with the vacate clean. Ms Gallagher agreed to this invoice and paying it in instalments however this was a verbal conversation with the Landlord.
The Tenant, Mr Moses submitted they never agreed to pay for the cleaning invoice as it was excessive. They had put their heart and soul into cleaning the property when they left. It was in better condition than when they moved into the property. The Tenant did recall they did not clean the light fittings and scuff marks on the walls could have been left from the moving. They also remember there were stains on the carpet at the start of the tenancy. They kept the house clean and tidy during the tenancy so there was not much to do when they moved out. The Tenant submitted the Landlord may have had a hidden agenda to earn money and retrieve this through the Tenant. The Tenant submitted cleaning should be $300.00 in total for the work of two people.
In considering the evidence, I find the Tenant did not leave the property in a clean and tidy condition. The landlord had photographs of the way the property was left when the Tenants moved out. Although they did not have a written record of the agreement by Ms Gallagher to pay for the cleaning, I find this to be true. The landlord spoke positively of her relationship with the Tenant so I cannot see why she would lie about Ms Gallagher agreeing to pay for the cleaning. The Tenant also did not provide independent quotes of other cleaning companies to show the charges were excessive or photographs of how he left the property. Instead, he submitted he used to manage a hotel and dealt with professional cleaners. From this experience, the cleaning charges were unjustified.
For these reasons, the amount ordered is proved.
As Ravenstone Management Limited - As Agent For Stephen Chia Family Trust has wholly succeeded with the claim the Tenant must reimburse the filing fee.
As the Tenant has not been successful name suppression is not granted to the Tenant. The Landlord did not request name suppression.

Tenancy Tribunal case 4666574 — Cleanliness at 27 Warbler Crescent, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 4666574 — Cleanliness at 27 Warbler Crescent, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

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

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