What was the outcome of Tenancy Tribunal case 5019388?

The tribunal order states: Malkeet Singh to pay Pro Management (Auckland) Limited - As Agent For

How much money was awarded in case 5019388?

Cleaning: $240.00 awarded to landlord; Cleaning: $610.00 awarded to landlord; Cleaning: $216.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Cleaning: $60.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Water Rates: $106.42 awarded to landlord

What type of tenancy dispute was case 5019388?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5019388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11653912-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5019388?

The tribunal order states: Malkeet Singh to pay Pro Management (Auckland) Limited - As Agent For

How much money was awarded in case 5019388?

Cleaning: $240.00 awarded to landlord; Cleaning: $610.00 awarded to landlord; Cleaning: $216.00 awarded to landlord; Cleaning: $80.00 awarded to landlord; Cleaning: $60.00 awarded to landlord; Cleaning: $450.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Water Rates: $106.42 awarded to landlord

What type of tenancy dispute was case 5019388?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5019388?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11653912-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 122 Finlayson Avenue, Clendon Park, Auckland Tenancy Tribunal Case 5019388 — Cleanliness

Claims and awards in Tenancy Tribunal application 5019388 — net $1,789.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$240.00	12. The landlord provided me with an invoice for the cleaning of the property.
Cleaning	$610.00	12. The landlord provided me with an invoice for the cleaning of the property.
Cleaning: Rangehood	$60.00	12. The landlord provided me with an invoice for the cleaning of the property.
Cleaning: Oven	$80.00	12. The landlord provided me with an invoice for the cleaning of the property.
Cleaning: Walls and ceiling	$450.00	12. The landlord provided me with an invoice for the cleaning of the property.
Water rates	$106.42	Water rates
__________________________________________________________________________________ 50193882 GST on cleaning invoice	$216.00	12. The landlord provided me with an invoice for the cleaning of the property.
Filing fee reimbursement	$27.00	claim for water of $106.42 is proven as the landlord provide the final water reading and the outstanding Watercare bill owed by the tenants. Filing fee
Net award	$1,789.42
Bond	$2,480.00
Total payable by Tenant to Landlord	$1,789.42

Claims and awards in Tenancy Tribunal application 5019388 — net $1,789.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Carpet Cleaning

$240.00

12. The landlord provided me with an invoice for the cleaning of the property.

Cleaning

$610.00

12. The landlord provided me with an invoice for the cleaning of the property.

Cleaning: Rangehood

$60.00

12. The landlord provided me with an invoice for the cleaning of the property.

Cleaning: Oven

$80.00

12. The landlord provided me with an invoice for the cleaning of the property.

Cleaning: Walls and ceiling

$450.00

12. The landlord provided me with an invoice for the cleaning of the property.

Water rates

$106.42

Water rates

__________________________________________________________________________________ 50193882 GST on cleaning invoice

$216.00

12. The landlord provided me with an invoice for the cleaning of the property.

Filing fee reimbursement

$27.00

claim for water of $106.42 is proven as the landlord provide the final water reading and the outstanding Watercare bill owed by the tenants. Filing fee

Net award

$1,789.42

Bond

$2,480.00

Total payable by Tenant to Landlord

$1,789.42

Order

Malkeet Singh to pay Pro Management (Auckland) Limited - As Agent For Ruidong Xin $1,789.42 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,480.00 (6461675-002) immediately apportioned as follows: Pro Management (Auckland) Limited - As Agent For Ruidong Xin: $1,789.42 Malkeet Singh: $690.58

The tenant’s claims are dismissed.

The landlord’s claim for rent arrears is not proven and therefore dismissed.

Reasons

This is a cross application. The landlord filed their claim on the 27 September 2024 seeking: a) Rent until the 22 October 2024= $2480. b) Water =$106.42 c) Cleaning $1656.00 d) Application fee.

The tenant filed their application on the 14 November 2024 claiming: a. That the house was not reasonably clean at the beginning of the tenancy. b. That there was no hot water c. That the house was mould and damp d. That the house did not comply with the Healthy Homes Standards and in particular the insulation standard. e. That the tenant had to repair lights that should have been the landlords responsibility. f. That the blinds were mouldy and had staining on them.

Both of the applications were in front of me today for determination.

The matter was called 3 times between 9.30 and 9.45am. Mr Han attended for the landlord the tenant did not attend. Dismissal of the tenant’s claims.

As the tenant did not attend and did not seek an adjournment, his claims are dismissed. Cleaning.

The tenancy ended after the landlord gave notice of the sale of the house. The final date was the 25 September 2024 and the tenant returned the keys on that day.

A dispute arose about the cleanliness of the house. The landlord wanted further cleaning to be done. At first the tenant asked for the keys back to clean the property. The landlord did not give the keys back to the tenant.

The tenant is expected to have fulfilled their obligations before the end of the tenancy. There is no obligation on a landlord to allow the tenant time to remedy issues after the tenancy ends.

The landlord says that the tenant left the property in a condition that was not reasonably clean. The tenant claims in their application that the property was left in a better condition that when the landlord gave them the property. I have looked at the inspection photographs taken at the beginning and the end of the tenancy provided to me today by the landlord. The inspection photographs taken at the beginning of the tenancy show a property that is reasonably clean and tidy. Those taken at the end of the tenancy show a property that is not reasonably clean and tidy.

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.

I am satisfied that the tenant failed to leave the property in a reasonably clean and tidy state, because the photographs show walls and surfaces that have not been wiped, windowsills that are dirty, the oven and rangehood has not been cleaned, the bathroom requires further cleaning.

The landlord provided me with an invoice for the cleaning of the property. I am satisfied that the cleaning that was completed was required to bring the property to a reasonably clean and tidy condition and the amount awarded is proven.

The landlord also asked for four weeks rent to 22 October as compensation for failure to clean the property. I do not award this as the landlord had possession of the property during this time and the landlord had the property staged for sale after the tenants left and sold the property in early November. The landlord’s claim for rent until the 22 October is dismissed. Water

The landlord’s claim for water of $106.42 is proven as the landlord provide the final water reading and the outstanding Watercare bill owed by the tenants. Filing fee

As the landlord has been successful in their application the landlord is awarded the filing fee.

Claims and awards in Tenancy Tribunal application 5019388 — net $1,789.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$240.00	12. The landlord provided me with an invoice for the cleaning of the property.
Cleaning	$610.00	12. The landlord provided me with an invoice for the cleaning of the property.
Cleaning: Rangehood	$60.00	12. The landlord provided me with an invoice for the cleaning of the property.
Cleaning: Oven	$80.00	12. The landlord provided me with an invoice for the cleaning of the property.
Cleaning: Walls and ceiling	$450.00	12. The landlord provided me with an invoice for the cleaning of the property.
Water rates	$106.42	Water rates
__________________________________________________________________________________ 50193882 GST on cleaning invoice	$216.00	12. The landlord provided me with an invoice for the cleaning of the property.
Filing fee reimbursement	$27.00	claim for water of $106.42 is proven as the landlord provide the final water reading and the outstanding Watercare bill owed by the tenants. Filing fee
Net award	$1,789.42
Bond	$2,480.00
Total payable by Tenant to Landlord	$1,789.42

Claims and awards in Tenancy Tribunal application 5019388 — net $1,789.42 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Carpet Cleaning

$240.00

12. The landlord provided me with an invoice for the cleaning of the property.

Cleaning

$610.00

12. The landlord provided me with an invoice for the cleaning of the property.

Cleaning: Rangehood

$60.00

12. The landlord provided me with an invoice for the cleaning of the property.

Cleaning: Oven

$80.00

12. The landlord provided me with an invoice for the cleaning of the property.

Cleaning: Walls and ceiling

$450.00

12. The landlord provided me with an invoice for the cleaning of the property.

Water rates

$106.42

Water rates

__________________________________________________________________________________ 50193882 GST on cleaning invoice

$216.00

12. The landlord provided me with an invoice for the cleaning of the property.

Filing fee reimbursement

$27.00

claim for water of $106.42 is proven as the landlord provide the final water reading and the outstanding Watercare bill owed by the tenants. Filing fee

Net award

$1,789.42

Bond

$2,480.00

Total payable by Tenant to Landlord

$1,789.42

Order

Malkeet Singh to pay Pro Management (Auckland) Limited - As Agent For Ruidong Xin $1,789.42 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,480.00 (6461675-002) immediately apportioned as follows: Pro Management (Auckland) Limited - As Agent For Ruidong Xin: $1,789.42 Malkeet Singh: $690.58
The tenant’s claims are dismissed.
The landlord’s claim for rent arrears is not proven and therefore dismissed.

Reasons

This is a cross application. The landlord filed their claim on the 27 September 2024 seeking: a) Rent until the 22 October 2024= $2480. b) Water =$106.42 c) Cleaning $1656.00 d) Application fee.
The tenant filed their application on the 14 November 2024 claiming: a. That the house was not reasonably clean at the beginning of the tenancy. b. That there was no hot water c. That the house was mould and damp d. That the house did not comply with the Healthy Homes Standards and in particular the insulation standard. e. That the tenant had to repair lights that should have been the landlords responsibility. f. That the blinds were mouldy and had staining on them.
Both of the applications were in front of me today for determination.
The matter was called 3 times between 9.30 and 9.45am. Mr Han attended for the landlord the tenant did not attend. Dismissal of the tenant’s claims.
As the tenant did not attend and did not seek an adjournment, his claims are dismissed. Cleaning.
The tenancy ended after the landlord gave notice of the sale of the house. The final date was the 25 September 2024 and the tenant returned the keys on that day.
A dispute arose about the cleanliness of the house. The landlord wanted further cleaning to be done. At first the tenant asked for the keys back to clean the property. The landlord did not give the keys back to the tenant.
The tenant is expected to have fulfilled their obligations before the end of the tenancy. There is no obligation on a landlord to allow the tenant time to remedy issues after the tenancy ends.
The landlord says that the tenant left the property in a condition that was not reasonably clean. The tenant claims in their application that the property was left in a better condition that when the landlord gave them the property. I have looked at the inspection photographs taken at the beginning and the end of the tenancy provided to me today by the landlord. The inspection photographs taken at the beginning of the tenancy show a property that is reasonably clean and tidy. Those taken at the end of the tenancy show a property that is not reasonably clean and tidy.
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.
I am satisfied that the tenant failed to leave the property in a reasonably clean and tidy state, because the photographs show walls and surfaces that have not been wiped, windowsills that are dirty, the oven and rangehood has not been cleaned, the bathroom requires further cleaning.
The landlord provided me with an invoice for the cleaning of the property. I am satisfied that the cleaning that was completed was required to bring the property to a reasonably clean and tidy condition and the amount awarded is proven.
The landlord also asked for four weeks rent to 22 October as compensation for failure to clean the property. I do not award this as the landlord had possession of the property during this time and the landlord had the property staged for sale after the tenants left and sold the property in early November. The landlord’s claim for rent until the 22 October is dismissed. Water
The landlord’s claim for water of $106.42 is proven as the landlord provide the final water reading and the outstanding Watercare bill owed by the tenants. Filing fee
As the landlord has been successful in their application the landlord is awarded the filing fee.

Tenancy Tribunal case 5019388 — Cleanliness at Unit/Flat 2, 122 Finlayson Avenue, Clendon Park, Auckland

At a glance

Tenancy Tribunal case 5019388 — Cleanliness at Unit/Flat 2, 122 Finlayson Avenue, Clendon Park, Auckland

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions