What was the outcome of Tenancy Tribunal case 4939202?

The tribunal order states: The tenant must carry out the following work to the premises, which must be

How much money was awarded in case 4939202?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4939202?

The dispute type was not classified.

Where can I read the official tribunal order for case 4939202?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11022180-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4939202?

The tribunal order states: The tenant must carry out the following work to the premises, which must be

How much money was awarded in case 4939202?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 4939202?

The dispute type was not classified.

Where can I read the official tribunal order for case 4939202?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11022180-Tenancy_Tribunal_Order.pdf.

Unit/Flat 103, 11 Malone Road, Mount Wellington, Auckland Tenancy Tribunal Case 4939202 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 4939202 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

The tenant must carry out the following work to the premises, which must be completed by 8 November 2024: a. Clean the walls and floor of the shower cubicle to remove all dirt and grime; and b. Vacuum and mop the floors in the bathroom, kitchen, toilet, and laundry to remove all dirt and grime.

As an alternative to compliance with Order 2, the tenant must pay the landlord $300.00 immediately.

If the tenant fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $300.00. These costs may be treated as rent in arrears and enforced accordingly.

The tenant must pay the landlord $27.00 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing.

The landlord claims that the tenant has breached their obligations to keep the premises reasonably clean and tidy pursuant to section 40(1)(c) Residential Tenancies Act 1986 (RTA). In particular, the landlord claims that the shower, bathroom, toilet, kitchen and laundry are dirty and need cleaning. The landlord has served the tenant with a 14-day notice, but these areas remain uncleaned. The landlord wants the problem fixed.

Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.

Where the Tribunal finds the tenant has failed to comply with any of these obligations, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.

If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.

A work order may also authorise the landlord to undertake the work and charge the tenant the costs of doing the work, if the tenant should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.

Has the tenant failed to comply with their obligations?

The landlord provided photographs of the property taken at the beginning of the tenancy. These photographs show the property in a very clean and tidy condition.

The landlord provided photographs of the property taken on 19 June 2024. These photographs show the shower in a very dirty condition. The floor and walls of the shower cubicle are covered in grime. The floors in the bathroom, toilet, kitchen and laundry are also dirty.

Based on the photographs provided by the landlord, I am satisfied on the balance of probabilities that the tenant has breached their obligation to keep the premises reasonably clean and tidy.

I have set the alternative money order at $300.00 and limited the charges for the landlord to do work to the same amount. The premises are relatively small however, the shower cubicle is very dirty and more time may need to be spent cleaning it than would usually be the case. The same can be said regarding the floors in the bathroom, toilet, laundry and kitchen. The Tribunal sees numerous claims for compensation for cleaning. The average hourly rate is approximately $50.00. I consider $300.00, which equates to approximately 6 hours of cleaning, to be reasonable in the circumstances. Filing fee

Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4939202 — net $27.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$27.00
Total payable by Tenant to Landlord	$27.00

Order

The tenant must carry out the following work to the premises, which must be completed by 8 November 2024: a. Clean the walls and floor of the shower cubicle to remove all dirt and grime; and b. Vacuum and mop the floors in the bathroom, kitchen, toilet, and laundry to remove all dirt and grime.
As an alternative to compliance with Order 2, the tenant must pay the landlord $300.00 immediately.
If the tenant fails to comply with either Order 1 or 2 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $300.00. These costs may be treated as rent in arrears and enforced accordingly.
The tenant must pay the landlord $27.00 immediately, calculated as shown in the table below.

Reasons

Both parties attended the hearing.
The landlord claims that the tenant has breached their obligations to keep the premises reasonably clean and tidy pursuant to section 40(1)(c) Residential Tenancies Act 1986 (RTA). In particular, the landlord claims that the shower, bathroom, toilet, kitchen and laundry are dirty and need cleaning. The landlord has served the tenant with a 14-day notice, but these areas remain uncleaned. The landlord wants the problem fixed.
Under section 40(1)(a)-(e), Residential Tenancies Act 1986, a tenant has specific obligations in relation to the tenancy premises.
Where the Tribunal finds the tenant has failed to comply with any of these obligations, where appropriate it may make an order for the landlord to carry out the work. See section 78(1)(e) Residential Tenancies Act 1986.
If the work order is not being made by consent of both parties, the Tribunal must also make a monetary order as an alternative to compliance with the work order. This provision does not apply to any work order, or part of a work order, in relation to smoke alarms. See sections 78(2) and 78(2AA) Residential Tenancies Act 1986.
A work order may also authorise the landlord to undertake the work and charge the tenant the costs of doing the work, if the tenant should fail to comply with the work order and alternative monetary order. A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.

Has the tenant failed to comply with their obligations?

The landlord provided photographs of the property taken at the beginning of the tenancy. These photographs show the property in a very clean and tidy condition.
The landlord provided photographs of the property taken on 19 June 2024. These photographs show the shower in a very dirty condition. The floor and walls of the shower cubicle are covered in grime. The floors in the bathroom, toilet, kitchen and laundry are also dirty.
Based on the photographs provided by the landlord, I am satisfied on the balance of probabilities that the tenant has breached their obligation to keep the premises reasonably clean and tidy.
I have set the alternative money order at $300.00 and limited the charges for the landlord to do work to the same amount. The premises are relatively small however, the shower cubicle is very dirty and more time may need to be spent cleaning it than would usually be the case. The same can be said regarding the floors in the bathroom, toilet, laundry and kitchen. The Tribunal sees numerous claims for compensation for cleaning. The average hourly rate is approximately $50.00. I consider $300.00, which equates to approximately 6 hours of cleaning, to be reasonable in the circumstances. Filing fee
Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4939202 — Tenancy dispute at Unit/Flat 103, 11 Malone Road, Mount Wellington, Auckland

At a glance

Tenancy Tribunal case 4939202 — Tenancy dispute at Unit/Flat 103, 11 Malone Road, Mount Wellington, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Has the tenant failed to comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions