What was the outcome of Tenancy Tribunal case 4679589?

The tribunal order states: Sean Apai to pay Harcourts Reliable Rental Management Limited As Agent For

How much money was awarded in case 4679589?

Cleaning: $80.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $568.57 awarded to landlord

What type of tenancy dispute was case 4679589?

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

Where can I read the official tribunal order for case 4679589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9588714-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4679589?

The tribunal order states: Sean Apai to pay Harcourts Reliable Rental Management Limited As Agent For

How much money was awarded in case 4679589?

Cleaning: $80.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Rent Arrears: $568.57 awarded to landlord

What type of tenancy dispute was case 4679589?

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

Where can I read the official tribunal order for case 4679589?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9588714-Tenancy_Tribunal_Order.pdf.

16 Wingfield Road, Pokeno, Pokeno 2402 Tenancy Tribunal Case 4679589 — Rent arrears

Tenantcheck Insights

Loading insights…

Pulling tribunal records

Loading insights…

Pulling tribunal records

16 Wingfield Road, Pokeno, Pokeno 2402 Tenancy Tribunal Case 4679589 — 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 4679589 — net $669.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 August 2023	$568.57	Rent arrears to 21 August 2023
Cleaning (to a reasonably clean and tidy condition only	$80.00	Cleaning (to a reasonably clean and tidy condition only
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$669.01
Bond	$3,000.00
Total payable by Tenant to Landlord	$669.01

Claims and awards for application 4679589 — net $669.01 NZD. Verify on MoJ.

Rent arrears to 21 August 2023

Amount: $568.57
Awarded to: Landlord
Reason: Rent arrears to 21 August 2023

Cleaning (to a reasonably clean and tidy condition only

Amount: $80.00
Awarded to: Landlord
Reason: Cleaning (to a reasonably clean and tidy condition only

Filing fee reimbursement

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

Net award

Landlord $669.01

Bond

Landlord $3,000.00

Total payable by Tenant to Landlord

Landlord $669.01

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

Sean Apai to pay Harcourts Reliable Rental Management Limited As Agent For Vikas Kakkar $669.01 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6479294-006) immediately apportioned as follows: Harcourts Reliable Rental Management Limited As Agent For Vikas Kakkar: $669.01 Sean Apai: $2,330.99

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, cleaning and carpet cleaning costs, 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 August 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 landlord contends that when the tenant moved into the property, the landlord did a deep clean and carpet shampooed. Therefore, the landlord expected the property to be returned in the same state back to him upon termination of the tenancy.
I disagree with the landlord’s comments on the standard of cleanliness expected; the obligation of the tenant is to undertake cleaning to a reasonable standard only, as opposed to a professional standard.
Notwithstanding some areas of uncleanliness of the premises left behind by the tenant as shown on the photographs, I have not acceded to the entire cleaning charges sought by the landlord.
Adjudicator J R Smith in her decision dated 25 January 2023 in Landlord v Tenant [2023] NZTT 4395488 observed as follows: What amounts to reasonably clean and tidy is of course in many ways a matter of judgment. People can have vastly differing standards of cleanliness and it is not the case that a tenant must leave a premise in perfect condition, only in reasonable condition. Likewise, a tenant is not required to leave premises in such a condition that a new tenant can move in straight away or in a condition ready for sale. A realistic landlord’s business plan should, therefore, make allowances for this. Provided the premises were left reasonably clean and tidy, any cleaning undertaken over and above this is not the tenant’s responsibility and is part of the overall maintenance of the property. ...it is not a requirement of the Act that the tenant clean a property to a perfect standard or even to a high standard. The Act simply requires that it be reasonably clean and tidy. Anything over and above that is part of the landlord’s cost of doing business and is the landlord’s responsibility.
Applying those considerations to this claim, I consider that the tenant is only liable to $80.00 cleaning costs.
For the avoidance of doubt, the amounts awarded to the landlord for cleaning and carpet cleaning are based on costs assessed as necessary to bring the property to a reasonably clean and reasonably tidy standard, rather than to a higher commercial or professional standard of cleanliness.
Only the amounts ordered are proved. This includes the filing fee to be reimbursed to the landlord.
The bond will be disbursed accordingly.

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 4679589 — net $669.01 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 21 August 2023	$568.57	Rent arrears to 21 August 2023
Cleaning (to a reasonably clean and tidy condition only	$80.00	Cleaning (to a reasonably clean and tidy condition only
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$669.01
Bond	$3,000.00
Total payable by Tenant to Landlord	$669.01

Claims and awards for application 4679589 — net $669.01 NZD. Verify on MoJ.

Rent arrears to 21 August 2023

Amount: $568.57
Awarded to: Landlord
Reason: Rent arrears to 21 August 2023

Cleaning (to a reasonably clean and tidy condition only

Amount: $80.00
Awarded to: Landlord
Reason: Cleaning (to a reasonably clean and tidy condition only

Filing fee reimbursement

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

Net award

Landlord $669.01

Bond

Landlord $3,000.00

Total payable by Tenant to Landlord

Landlord $669.01

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

Sean Apai to pay Harcourts Reliable Rental Management Limited As Agent For Vikas Kakkar $669.01 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 (6479294-006) immediately apportioned as follows: Harcourts Reliable Rental Management Limited As Agent For Vikas Kakkar: $669.01 Sean Apai: $2,330.99

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, cleaning and carpet cleaning costs, 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 August 2023. The landlord provided rent records which prove the amount owing at the end of the tenancy.

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 landlord contends that when the tenant moved into the property, the landlord did a deep clean and carpet shampooed. Therefore, the landlord expected the property to be returned in the same state back to him upon termination of the tenancy.
I disagree with the landlord’s comments on the standard of cleanliness expected; the obligation of the tenant is to undertake cleaning to a reasonable standard only, as opposed to a professional standard.
Notwithstanding some areas of uncleanliness of the premises left behind by the tenant as shown on the photographs, I have not acceded to the entire cleaning charges sought by the landlord.
Adjudicator J R Smith in her decision dated 25 January 2023 in Landlord v Tenant [2023] NZTT 4395488 observed as follows: What amounts to reasonably clean and tidy is of course in many ways a matter of judgment. People can have vastly differing standards of cleanliness and it is not the case that a tenant must leave a premise in perfect condition, only in reasonable condition. Likewise, a tenant is not required to leave premises in such a condition that a new tenant can move in straight away or in a condition ready for sale. A realistic landlord’s business plan should, therefore, make allowances for this. Provided the premises were left reasonably clean and tidy, any cleaning undertaken over and above this is not the tenant’s responsibility and is part of the overall maintenance of the property. ...it is not a requirement of the Act that the tenant clean a property to a perfect standard or even to a high standard. The Act simply requires that it be reasonably clean and tidy. Anything over and above that is part of the landlord’s cost of doing business and is the landlord’s responsibility.
Applying those considerations to this claim, I consider that the tenant is only liable to $80.00 cleaning costs.
For the avoidance of doubt, the amounts awarded to the landlord for cleaning and carpet cleaning are based on costs assessed as necessary to bring the property to a reasonably clean and reasonably tidy standard, rather than to a higher commercial or professional standard of cleanliness.
Only the amounts ordered are proved. This includes the filing fee to be reimbursed to the landlord.
The bond will be disbursed accordingly.

Tenancy Tribunal case 4679589 — Rent arrears at 16 Wingfield Road, Pokeno, Pokeno 2402

At a glance

Tenancy Tribunal case 4679589 — Rent arrears at 16 Wingfield Road, Pokeno, Pokeno 2402

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