What was the outcome of Tenancy Tribunal case 4899182?

The tribunal order states: Tahrier Sabah Duwaik Dhahi must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4899182?

Cleaning: $98.00 awarded to landlord; Lawns and Garden Work: $400.00 awarded to landlord; Previous Order Application 4850860 D…: $2,171.43 awarded to landlord; Rubbish Removal: $272.26 awarded to landlord

What type of tenancy dispute was case 4899182?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4899182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10716538-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4899182?

The tribunal order states: Tahrier Sabah Duwaik Dhahi must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 4899182?

Cleaning: $98.00 awarded to landlord; Lawns and Garden Work: $400.00 awarded to landlord; Previous Order Application 4850860 D…: $2,171.43 awarded to landlord; Rubbish Removal: $272.26 awarded to landlord

What type of tenancy dispute was case 4899182?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 4899182?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10716538-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 11 Bentley Avenue, Glenfield, Auckland 0629 Tenancy Tribunal Case 4899182 — Cleanliness

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Unit/Flat 1, 11 Bentley Avenue, Glenfield, Auckland 0629 Tenancy Tribunal Case 4899182 — Cleanliness | 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 4899182 — net $2,941.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4850860 dated 19/04/2024	$2,171.43	Previous order application 4850860 dated 19/04/2024
Cleaning	$98.00	Cleaning
Rubbish removal	$272.26	Rubbish removal
Lawns and Garden work	$400.00	Lawns and Garden work
Net award	$2,941.69
Total payable by Tenant to Landlord	$2,941.69

Claims and awards for application 4899182 — net $2,941.69 NZD. Verify on MoJ.

Previous order application 4850860 dated 19/04/2024

Amount: $2,171.43
Awarded to: Landlord
Reason: Previous order application 4850860 dated 19/04/2024

Cleaning

Amount: $98.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $272.26
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $400.00
Awarded to: Landlord
Reason: Lawns and Garden work

Net award

Landlord $2,941.69

Total payable by Tenant to Landlord

Landlord $2,941.69

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rubbish Removal

Order

Tahrier Sabah Duwaik Dhahi must pay Kāinga Ora–Homes And Communities $2,941.69 immediately, being rent arrears to 21 March 2024 and notice from a previous order and damages calculated as shown in table below:
This order incorporates the Tribunal order made on 19 April 2024 under application 4850860 for enforcement purposes.

Reasons

Both parties attended the hearing.
On 19 April 2024 the Tribunal made an order relating to this tenancy, terminating the tenancy for abandonment, and ordering the tenant pay rent arrears to 21 March 2024 and notice. The previous order is incorporated into this order for enforcement purposes.

Should damages be awarded?

Section 45(1)(a) of the Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness. There is an equivalent obligation on the tenant to return the premises at the end of the tenancy: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish; 1
The RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
The landlord has provided a pre-inspection report showing that the premises were provided to the tenant in a reasonable state of cleanliness. The post inspection report shows that the premises were not left reasonably clean and tidy, and rubbish and belongings had been left at the premises. It also shows the lawns and garden were overgrown and required significant work.
The landlord has also provided a statement showing the sums incurred being: $98.00 for cleaning of the kitchen cupboards; $272.26 to remove rubbish from inside the house; and $400.00 to tend to the lawns and garden. These sums are GST inclusive.
The tenant did not dispute the evidence provided. The tenant’s position is that she should not be responsible for the damages because: she only lived at the premises for 2-3 weeks; her intention was to return to the property; and she had difficulties returning to New Zealand from overseas.
I find that the tenant is responsible for the cleaning and other costs associated with the abandonment of the tenancy.
The amounts ordered are proved. 1 Section 40(1)(e) of the RTA.

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 4899182 — net $2,941.69 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Previous order application 4850860 dated 19/04/2024	$2,171.43	Previous order application 4850860 dated 19/04/2024
Cleaning	$98.00	Cleaning
Rubbish removal	$272.26	Rubbish removal
Lawns and Garden work	$400.00	Lawns and Garden work
Net award	$2,941.69
Total payable by Tenant to Landlord	$2,941.69

Claims and awards for application 4899182 — net $2,941.69 NZD. Verify on MoJ.

Previous order application 4850860 dated 19/04/2024

Amount: $2,171.43
Awarded to: Landlord
Reason: Previous order application 4850860 dated 19/04/2024

Cleaning

Amount: $98.00
Awarded to: Landlord
Reason: Cleaning

Rubbish removal

Amount: $272.26
Awarded to: Landlord
Reason: Rubbish removal

Lawns and Garden work

Amount: $400.00
Awarded to: Landlord
Reason: Lawns and Garden work

Net award

Landlord $2,941.69

Total payable by Tenant to Landlord

Landlord $2,941.69

Claim types — money lines allowed on this order

Cleanliness Lawns And Garden Work Rubbish Removal

Order

Tahrier Sabah Duwaik Dhahi must pay Kāinga Ora–Homes And Communities $2,941.69 immediately, being rent arrears to 21 March 2024 and notice from a previous order and damages calculated as shown in table below:
This order incorporates the Tribunal order made on 19 April 2024 under application 4850860 for enforcement purposes.

Reasons

Both parties attended the hearing.
On 19 April 2024 the Tribunal made an order relating to this tenancy, terminating the tenancy for abandonment, and ordering the tenant pay rent arrears to 21 March 2024 and notice. The previous order is incorporated into this order for enforcement purposes.

Should damages be awarded?

Section 45(1)(a) of the Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness. There is an equivalent obligation on the tenant to return the premises at the end of the tenancy: ...in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish; 1
The RTA does not require the premises to be provided / returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean.
The landlord has provided a pre-inspection report showing that the premises were provided to the tenant in a reasonable state of cleanliness. The post inspection report shows that the premises were not left reasonably clean and tidy, and rubbish and belongings had been left at the premises. It also shows the lawns and garden were overgrown and required significant work.
The landlord has also provided a statement showing the sums incurred being: $98.00 for cleaning of the kitchen cupboards; $272.26 to remove rubbish from inside the house; and $400.00 to tend to the lawns and garden. These sums are GST inclusive.
The tenant did not dispute the evidence provided. The tenant’s position is that she should not be responsible for the damages because: she only lived at the premises for 2-3 weeks; her intention was to return to the property; and she had difficulties returning to New Zealand from overseas.
I find that the tenant is responsible for the cleaning and other costs associated with the abandonment of the tenancy.
The amounts ordered are proved. 1 Section 40(1)(e) of the RTA.

Tenancy Tribunal case 4899182 — Cleanliness at Unit/Flat 1, 11 Bentley Avenue, Glenfield, Auckland 0629

At a glance

Tenancy Tribunal case 4899182 — Cleanliness at Unit/Flat 1, 11 Bentley Avenue, Glenfield, Auckland 0629

At a glance

Award balance

Claims & awards

Order

Reasons

Should damages be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should damages be awarded?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions