What was the outcome of Tenancy Tribunal case 4782418?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4782418?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4782418?

The primary dispute was Smoke alarms. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4782418?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10252404-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4782418?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4782418?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4782418?

The primary dispute was Smoke alarms. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4782418?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10252404-Tenancy_Tribunal_Order.pdf.

Room 3, Unit/Flat 21, 159 Unsworth Drive, Unsworth Tenancy Tribunal Case 4782418 — Smoke alarms

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Reasons

Both parties attended the hearing. The tenant was represented during the hearing by her father.

The landlord has applied for compensation and reimbursement of the filing fee following 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 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 landlord claims that the tenant did not leave the premises reasonably clean and tidy at the end of the tenancy. An invoice for $160.00 from Collett Realty dated 21 December 2023 was provided with the application.

The tenancy ended on 13 December 2023. The landlord provided exit photographs during the hearing. These photos were taken on 14 December 2023. The landlord did not provide entry photographs or a ‘start of tenancy’ checklist prior to the hearing. During the hearing the landlord advised that she had an entry inspection taken by video and that I could view on her phone. The tenant confirmed that they did clean the premises prior to leaving.

Having carefully considered the exit photographs provided by the landlord I am satisfied that the tenant did leave the premises reasonably clean and tidy. In my view the studio only required spot cleaning which would have taken very little time. The tenant also stated that they would have returned to undertake further cleaning had the landlord contacted them to do this. The landlord stated during the hearing that emails were exchanged however no evidence was filed in support of this.

A tenant is not required to leave a property in an immaculate standard of cleanliness. The standard is what an average, reasonable bystander would consider “reasonably tidy”.

I am also not prepared to make a finding against a tenant when basic evidence such as entry photographs/video recordings are not filed prior to the hearing.

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case – section 95A Residential Tenancies Act. The landlord applied for a name suppression order.

The landlord is not entitled to name suppression or reimbursement of the filing fee as the application is unsuccessful.

Reasons

Both parties attended the hearing. The tenant was represented during the hearing by her father.

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

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

A tenant is not required to leave a property in an immaculate standard of cleanliness. The standard is what an average, reasonable bystander would consider “reasonably tidy”.

I am also not prepared to make a finding against a tenant when basic evidence such as entry photographs/video recordings are not filed prior to the hearing.

The landlord is not entitled to name suppression or reimbursement of the filing fee as the application is unsuccessful.

Tenancy Tribunal case 4782418 — Smoke alarms at Room 3, Unit/Flat 21, 159 Unsworth Drive, Unsworth

At a glance

Tenancy Tribunal case 4782418 — Smoke alarms at Room 3, Unit/Flat 21, 159 Unsworth Drive, Unsworth

At a glance

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

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