What was the outcome of Tenancy Tribunal case 4851922?

The tribunal order states: Anton Music-Povey must pay Kāinga Ora–Homes And Communities $3,035.50

How much money was awarded in case 4851922?

Rubbish Removal: $3,154.50 awarded to landlord; Rent Credit: $35.00 awarded to tenant

What type of tenancy dispute was case 4851922?

The dispute type was not classified.

Where can I read the official tribunal order for case 4851922?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10633919-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4851922?

The tribunal order states: Anton Music-Povey must pay Kāinga Ora–Homes And Communities $3,035.50

How much money was awarded in case 4851922?

Rubbish Removal: $3,154.50 awarded to landlord; Rent Credit: $35.00 awarded to tenant

What type of tenancy dispute was case 4851922?

The dispute type was not classified.

Where can I read the official tribunal order for case 4851922?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10633919-Tenancy_Tribunal_Order.pdf.

4E Matai Street, Otangarei, Whangarei 0112 Tenancy Tribunal Case 4851922 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 4851922 — net $3,035.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: and rubbish removal	$3,154.50		The claim for cleaning materials and dumping costs ($2,219.50 including GST) is proven and is fair and reasonable. d.
Rent credit		$35.00	Rent credit
Total award	$3,154.50	$35.00
Net award	$3,035.50
Total payable by Tenant to Landlord	$3,035.50

The tenancy ended on 21 September 2023.

The claim seeks cleaning costs, as detailed below.

The hearing took place in Whangarei on 26 July 2024. Ms Daniela represented Kāinga Ora at the hearing. There was no appearance by the tenant.

Tenants must leave the premises reasonably clean and tidy and remove all rubbish at the end of the tenancy 1 .

Ms Daniela provided a copy of the final inspection report, which includes 15 photographs of the premises.

The photographs show that the premises were left in an extremely clean and untidy state. There was a substantial amount of rubbish and abandoned belongings inside and outside the unit.

The claim seeks $437.41 for “Clean whole house – handback” and $3,154.50 for “Biohazard removal”.

The claim for $437.41 was not well evidenced. I was not provided with any invoice or detailed explanation of what this cost covered. As discussed below, the biohazard removal invoice seems to cover every aspect of cleaning and rubbish removal required at this property, at a cost of $10,154.50, and it is difficult to understand what additional cleaning was required.

The evidence provided in respect of the biohazard cleaning work is an undated single page document, without a header, that states: The price to carry out hygiene clean to a working standard. Risks expected to be found at this property include but are not limited to: •Animal faeces •Drugs and smoking paraphernalia •Something described as chemical staining to walls in living room •Mud, dirt food and general rubbish

The document then details the cost of the job, split into labour and materials.

The materials cost includes PPE items, anti-microbial cleaning products, disposal of contaminated wastes costs, and general waste disposal costs.

Those costs total $1,930.00 plus GST.

The labour costs are divided between an “Occupational Hygiene Supervisor” and two “Occupational Hygiene Operatives”. Three days of labour are charged for these persons. The daily rate for the Supervisor is $980.00 plus GST. The daily rate for the operatives is $660.00 plus GST. The total labour cost is $6,900.00 plus GST.

The invoice totals $10,154.50. Ms Daniela confirmed that Kāinga Ora paid that amount to the contractor. The contractor is not identified in this document.

Kāinga Ora’s claim against Mr Povey seeks $3,154.50. Ms Daniela could not clarify why Kāinga Ora seeks that amount, beyond a general comment that 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 Kāinga Ora does not always seek the full actual cost of post-tenancy repairs or cleaning from its tenants.

My findings are: a. The end of tenancy photos show the “mud, dirt, food and general rubbish”. One photograph shows what could be “animal faeces” in the bathroom. I cannot see the alleged “drugs and smoking paraphernalia” or the “chemical staining to walls in living room” in the photographs provided. I accept that the presence of faeces on the floor in any part of the premises justifies specialised biohazard cleaning. b. Significant cleaning and rubbish removal was necessary to return the premises to a reasonably clean and tidy condition. c. The claim for cleaning materials and dumping costs ($2,219.50 including GST) is proven and is fair and reasonable. d. The amount of labour claimed, three people for three days, for cleaning and rubbish removal is proven and is fair and reasonable having regard to the end of tenancy photographs. e. The daily rates for labour would require substantially more justification if Kāinga Ora was seeking payment of the full cost of $10,154.50. They are not. They are seeking $3,154.50. I have made a finding that the materials and dumping part of the invoice, which is $2,219.50, is fair and reasonable. The balance, $935.00, is a more than reasonable labour charge for three full days of cleaning and rubbish removal by three people. f. On that basis, the claim for $3,154.50 is proven.

There was a small amount of rent in credit at the end of the tenancy.

The bond will be released to Kāinga Ora.

Claims and awards in Tenancy Tribunal application 4851922 — net $3,035.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning: and rubbish removal	$3,154.50		The claim for cleaning materials and dumping costs ($2,219.50 including GST) is proven and is fair and reasonable. d.
Rent credit		$35.00	Rent credit
Total award	$3,154.50	$35.00
Net award	$3,035.50
Total payable by Tenant to Landlord	$3,035.50

Order

Anton Music-Povey must pay Kāinga Ora–Homes And Communities $3,035.50 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $84.00 (3016657-011) to Kāinga Ora– Homes And Communities immediately.

Reasons

The tenancy ended on 21 September 2023.
The claim seeks cleaning costs, as detailed below.
The hearing took place in Whangarei on 26 July 2024. Ms Daniela represented Kāinga Ora at the hearing. There was no appearance by the tenant.
Tenants must leave the premises reasonably clean and tidy and remove all rubbish at the end of the tenancy 1 .
Ms Daniela provided a copy of the final inspection report, which includes 15 photographs of the premises.
The photographs show that the premises were left in an extremely clean and untidy state. There was a substantial amount of rubbish and abandoned belongings inside and outside the unit.
The claim seeks $437.41 for “Clean whole house – handback” and $3,154.50 for “Biohazard removal”.
The claim for $437.41 was not well evidenced. I was not provided with any invoice or detailed explanation of what this cost covered. As discussed below, the biohazard removal invoice seems to cover every aspect of cleaning and rubbish removal required at this property, at a cost of $10,154.50, and it is difficult to understand what additional cleaning was required.
The evidence provided in respect of the biohazard cleaning work is an undated single page document, without a header, that states: The price to carry out hygiene clean to a working standard. Risks expected to be found at this property include but are not limited to: •Animal faeces •Drugs and smoking paraphernalia •Something described as chemical staining to walls in living room •Mud, dirt food and general rubbish
The document then details the cost of the job, split into labour and materials.
The materials cost includes PPE items, anti-microbial cleaning products, disposal of contaminated wastes costs, and general waste disposal costs.
Those costs total $1,930.00 plus GST.
The labour costs are divided between an “Occupational Hygiene Supervisor” and two “Occupational Hygiene Operatives”. Three days of labour are charged for these persons. The daily rate for the Supervisor is $980.00 plus GST. The daily rate for the operatives is $660.00 plus GST. The total labour cost is $6,900.00 plus GST.
The invoice totals $10,154.50. Ms Daniela confirmed that Kāinga Ora paid that amount to the contractor. The contractor is not identified in this document.
Kāinga Ora’s claim against Mr Povey seeks $3,154.50. Ms Daniela could not clarify why Kāinga Ora seeks that amount, beyond a general comment that 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 Kāinga Ora does not always seek the full actual cost of post-tenancy repairs or cleaning from its tenants.
My findings are: a. The end of tenancy photos show the “mud, dirt, food and general rubbish”. One photograph shows what could be “animal faeces” in the bathroom. I cannot see the alleged “drugs and smoking paraphernalia” or the “chemical staining to walls in living room” in the photographs provided. I accept that the presence of faeces on the floor in any part of the premises justifies specialised biohazard cleaning. b. Significant cleaning and rubbish removal was necessary to return the premises to a reasonably clean and tidy condition. c. The claim for cleaning materials and dumping costs ($2,219.50 including GST) is proven and is fair and reasonable. d. The amount of labour claimed, three people for three days, for cleaning and rubbish removal is proven and is fair and reasonable having regard to the end of tenancy photographs. e. The daily rates for labour would require substantially more justification if Kāinga Ora was seeking payment of the full cost of $10,154.50. They are not. They are seeking $3,154.50. I have made a finding that the materials and dumping part of the invoice, which is $2,219.50, is fair and reasonable. The balance, $935.00, is a more than reasonable labour charge for three full days of cleaning and rubbish removal by three people. f. On that basis, the claim for $3,154.50 is proven.
There was a small amount of rent in credit at the end of the tenancy.
The bond will be released to Kāinga Ora.

Tenancy Tribunal case 4851922 — Tenancy dispute at 4E Matai Street, Otangarei, Whangarei 0112

At a glance

Tenancy Tribunal case 4851922 — Tenancy dispute at 4E Matai Street, Otangarei, Whangarei 0112

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions