What was the outcome of Tenancy Tribunal case 5146469?

The tribunal order states: Ashley Marie Julius must pay Team Group Rentals Limited Acting As An Agent

How much money was awarded in case 5146469?

Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $72.86 awarded to landlord

What type of tenancy dispute was case 5146469?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5146469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11773201-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5146469?

The tribunal order states: Ashley Marie Julius must pay Team Group Rentals Limited Acting As An Agent

How much money was awarded in case 5146469?

Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $72.86 awarded to landlord

What type of tenancy dispute was case 5146469?

The primary dispute was Cleanliness. Related themes: Rent arrears.

Where can I read the official tribunal order for case 5146469?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11773201-Tenancy_Tribunal_Order.pdf.

110A Hine Road, Wainuiomata, Lower Hutt 5014 Tenancy Tribunal Case 5146469 — Cleanliness

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110A Hine Road, Wainuiomata, Lower Hutt 5014 Tenancy Tribunal Case 5146469 — 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 5146469 — net $299.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6.5.24	$72.86	Rent arrears to 6.5.24
Cleaning	$200.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$299.86
Total payable by Tenant to Landlord	$299.86

Claims and awards for application 5146469 — net $299.86 NZD. Verify on MoJ.

Rent arrears to 6.5.24

Amount: $72.86
Awarded to: Landlord
Reason: Rent arrears to 6.5.24

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $299.86

Total payable by Tenant to Landlord

Landlord $299.86

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

Ashley Marie Julius must pay Team Group Rentals Limited Acting As An Agent For Ryan Cook $299.86 immediately, calculated as shown in table below.

Reasons

Both parties attended the remote hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6/5/24. The landlord provided rent records which prove the amount owing at the end of the tenancy and I make an order for the amount claimed by consent.

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, return all keys and security devices, and leave all chattels provided for their benefit. 1
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 Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work).
Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 Reasonably clean does not mean commercially clean. 3 Reasonably clean does not mean spotless to a hotel or motel standard. 4
The landlord’s evidence was that the property was dirty throughout, that the toilet and kitchen cupboards were dirty, and that surfaces and walls were dirty and marked.
The landlord provided a final inspection report, photographs and an invoice to support the claim. The landlord acknowledged the premises was cleaned by the contracted cleaner to a higher standard than that of reasonably clean and tidy.
The tenant objected to the level of the cleaning costs claimed on the basis she considered only one hour of cleaning would have been required and she did not get the opportunity to clean the premises again after she gave over possession. The tenant says she left a day earlier than the termination notice provided for and she considers she should have been advised that there was issues with the cleaning and given the extra day to do the cleaning. I note that the landlord is not required to allow the tenant more time to clean a premises once the tenancy has ended. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 3 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 4 Richards v Scully TT Christchurch TT2043/98, 21 July 1998).
In reviewing the evidence provided I consider the tenant did not leave the premises reasonably clean and tidy but was close to doing so in the cleaning she did undertake. I consider a contribution towards the landlords cleaning costs of $200 is reasonable in the circumstances. Filing fee and Suppression
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee.
Neither party sought name suppression.

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 5146469 — net $299.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6.5.24	$72.86	Rent arrears to 6.5.24
Cleaning	$200.00	Cleaning
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$299.86
Total payable by Tenant to Landlord	$299.86

Claims and awards for application 5146469 — net $299.86 NZD. Verify on MoJ.

Rent arrears to 6.5.24

Amount: $72.86
Awarded to: Landlord
Reason: Rent arrears to 6.5.24

Cleaning

Amount: $200.00
Awarded to: Landlord
Reason: Cleaning

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $299.86

Total payable by Tenant to Landlord

Landlord $299.86

Claim types — money lines allowed on this order

Cleanliness Filing Fee Rent arrears

Order

Ashley Marie Julius must pay Team Group Rentals Limited Acting As An Agent For Ryan Cook $299.86 immediately, calculated as shown in table below.

Reasons

Both parties attended the remote hearing.
The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6/5/24. The landlord provided rent records which prove the amount owing at the end of the tenancy and I make an order for the amount claimed by consent.

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, return all keys and security devices, and leave all chattels provided for their benefit. 1
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 Tribunal will also consider factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work).
Reasonably clean means clean to the standard an average, reasonable bystander would consider reasonable. 2 Reasonably clean does not mean commercially clean. 3 Reasonably clean does not mean spotless to a hotel or motel standard. 4
The landlord’s evidence was that the property was dirty throughout, that the toilet and kitchen cupboards were dirty, and that surfaces and walls were dirty and marked.
The landlord provided a final inspection report, photographs and an invoice to support the claim. The landlord acknowledged the premises was cleaned by the contracted cleaner to a higher standard than that of reasonably clean and tidy.
The tenant objected to the level of the cleaning costs claimed on the basis she considered only one hour of cleaning would have been required and she did not get the opportunity to clean the premises again after she gave over possession. The tenant says she left a day earlier than the termination notice provided for and she considers she should have been advised that there was issues with the cleaning and given the extra day to do the cleaning. I note that the landlord is not required to allow the tenant more time to clean a premises once the tenancy has ended. 1 See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. 2 Housing New Zealand v Holloway TT Auckland TT215/93, 8 February 1993 at page 8 3 Mills v Kiwi Property Care Ltd TT Hamilton 09/01418/HN, 27 July 2009 4 Richards v Scully TT Christchurch TT2043/98, 21 July 1998).
In reviewing the evidence provided I consider the tenant did not leave the premises reasonably clean and tidy but was close to doing so in the cleaning she did undertake. I consider a contribution towards the landlords cleaning costs of $200 is reasonable in the circumstances. Filing fee and Suppression
Because the landlord has substantially succeeded with the claim, I have reimbursed the filing fee.
Neither party sought name suppression.

Tenancy Tribunal case 5146469 — Cleanliness at 110A Hine Road, Wainuiomata, Lower Hutt 5014

At a glance

Tenancy Tribunal case 5146469 — Cleanliness at 110A Hine Road, Wainuiomata, Lower Hutt 5014

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

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