What was the outcome of Tenancy Tribunal case 4852220?

The tribunal order states: The Bond Centre is to pay the bond of $2,320.00 (5320727-008) immediately

How much money was awarded in case 4852220?

Cleaning: $200.00 awarded to landlord; Lawns and Garden Work: $90.00 awarded to landlord

What type of tenancy dispute was case 4852220?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4852220?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10419612-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4852220?

The tribunal order states: The Bond Centre is to pay the bond of $2,320.00 (5320727-008) immediately

How much money was awarded in case 4852220?

Cleaning: $200.00 awarded to landlord; Lawns and Garden Work: $90.00 awarded to landlord

What type of tenancy dispute was case 4852220?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4852220?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10419612-Tenancy_Tribunal_Order.pdf.

1A Iles Road, Lynmore, Rotorua 3010 Tenancy Tribunal Case 4852220 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 4852220. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$200.00		Cleaning
Lawns and Garden work	$90.00		Lawns and Garden work

Both parties attended this video hearing on 5 June 2024.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant has applied for release of the bond.

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.

The Landlord is required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy (ss 40(1)(c) and (e)(iii) RTA).

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.

The standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994).

Photos have been provided from the pre and post tenancy inspections. The landlord seeks $350.00 for interior cleaning and $160.00 for exterior garden and lawn work.

The tenant says that prior to ending the tenancy she purchased and used a carpet cleaner and steam mopped all the floors and walls. She cleaned the oven and vacuumed the floors. She accepts that between her last vacuum and leaving the property, further fluff may have accumulated. Having assessed the photos as best I can and remembering that the standard required is a “reasonably clean and tidy standard” I find that the tenant has not left the premises as clean as that standard would require, but at the same time I do not consider that $350.00 cleaning was required to achieve that standard. I am unable to achieve a scientific certainty. The burden of proving the claim is on the landlord. Having reviewed the evidence and the photos in particular, I find that the evidence shows that a cleaning invoice for $200.00 would be reasonable in all the circumstances. The tenant is ordered to pay $200.00 for interior cleaning.

The landlord seeks $160.00 for exterior work including lawns. The tenant accepted that the lawns did need to be mown and agreed with the landlord claim to the extent of $90.00. The tenant disputed the balance of the claim which refers to a garden tidy up and weed removal from the cobbles.

The photographic evidence from the landlord does not in my view show that further work ( with the exception of the lawns) was required to bring the exterior to the reasonably clean and tidy standard and the balance of the landlord claim is dismissed.

I do not consider that either side has been wholly or substantially successful in this matter and I make no order for reimbursement of the filing fee or name suppression.

Claims and awards in Tenancy Tribunal application 4852220. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Cleaning	$200.00		Cleaning
Lawns and Garden work	$90.00		Lawns and Garden work

Order

The Bond Centre is to pay the bond of $2,320.00 (5320727-008) immediately apportioned as follows and as calculated in the table below: Etb Realty Limited T/A Harcourts Rotorua As Agent For Sue Cason: $290.00 Amanda Parish: $2,030.00

Reasons

Both parties attended this video hearing on 5 June 2024.
The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The tenant has applied for release of the bond.

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.
The Landlord is required to provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (see s 45(1)(a) RTA). Tenants must keep the premises reasonably clean and tidy during the tenancy, and they must return them in a reasonably clean and tidy state and remove their rubbish at the end of the tenancy (ss 40(1)(c) and (e)(iii) RTA).
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.
The standard will vary according to the age and condition of the premises: the better the premises, the higher the standard. Surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly painted surfaces. Generally, tenants are not required to return premises any cleaner than they were at the start of the tenancy (Westwood v Western, DC Otahuhu, TT 2539/93 and 2540/93, 4 November 1994).
Photos have been provided from the pre and post tenancy inspections. The landlord seeks $350.00 for interior cleaning and $160.00 for exterior garden and lawn work.
The tenant says that prior to ending the tenancy she purchased and used a carpet cleaner and steam mopped all the floors and walls. She cleaned the oven and vacuumed the floors. She accepts that between her last vacuum and leaving the property, further fluff may have accumulated. Having assessed the photos as best I can and remembering that the standard required is a “reasonably clean and tidy standard” I find that the tenant has not left the premises as clean as that standard would require, but at the same time I do not consider that $350.00 cleaning was required to achieve that standard. I am unable to achieve a scientific certainty. The burden of proving the claim is on the landlord. Having reviewed the evidence and the photos in particular, I find that the evidence shows that a cleaning invoice for $200.00 would be reasonable in all the circumstances. The tenant is ordered to pay $200.00 for interior cleaning.
The landlord seeks $160.00 for exterior work including lawns. The tenant accepted that the lawns did need to be mown and agreed with the landlord claim to the extent of $90.00. The tenant disputed the balance of the claim which refers to a garden tidy up and weed removal from the cobbles.
The photographic evidence from the landlord does not in my view show that further work ( with the exception of the lawns) was required to bring the exterior to the reasonably clean and tidy standard and the balance of the landlord claim is dismissed.
I do not consider that either side has been wholly or substantially successful in this matter and I make no order for reimbursement of the filing fee or name suppression.

Tenancy Tribunal case 4852220 — Cleanliness at 1A Iles Road, Lynmore, Rotorua 3010

At a glance

Tenancy Tribunal case 4852220 — Cleanliness at 1A Iles Road, Lynmore, Rotorua 3010

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