What was the outcome of Tenancy Tribunal case 5203591?

The tribunal order states: The tenant’s application, that the Tribunal determine a claim that has not been

How much money was awarded in case 5203591?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5203591?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5203591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11989049-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5203591?

The tribunal order states: The tenant’s application, that the Tribunal determine a claim that has not been

How much money was awarded in case 5203591?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5203591?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5203591?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11989049-Tenancy_Tribunal_Order.pdf.

69 Kahawairahi Drive, Beachlands, Auckland 2018 Tenancy Tribunal Case 5203591 — Cleanliness

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Reasons

The tenant attended the hearing. The landlords did not attend the hearing and calls to their cell phone number provided in the application diverted to voice mail. I am satisfied that they received notice of the hearing and did not wish to attend.

The tenant’s application was couched as an application for refund of the bond. However, the bond has already been refunded to the landlords with the knowledge and consent of the tenant.

Separate to the bond refund, the landlords sent the tenant an invoice for professional carpet cleaning and a further 5 days rent until the carpets could be cleaned, after the tenancy ended.

The tenant seeks a ruling from the Tribunal as to whether the landlords’ claim for the carpet cleaning costs and further rent was valid and acceptable. He argues that he cleaned the carpets at the end of the tenancy, and they were reasonably clean and tidy as required by section 40(1)(e)(iii) Residential Tenancies Act 1986. He says that he documented the rooms after he cleaned them and received advice from Tenancy Services that the premises appeared to be reasonably clean and tidy as required.

However, the landlord has not filed a claim against the tenant for carpet cleaning and further rent for which they invoiced him. On receiving a copy of this application lodged by the tenant, the landlord wrote a letter advising that they were not pursuing the amounts sought from the tenant and were writing them off on the basis that they understood he could not pay the sum.

The tenant is dissatisfied with this because the landlords’ response is not an acknowledgement that their invoice/claim was invalid or not rightly brought. It is merely an agreement to write off the amount claimed. The issue that the tenant wants determined is whether the landlords could succeed with their claim in the first place. He feels that unless such a ruling is made, the claim is still “hanging over” him.

In this case, the landlords have not filed a claim against the tenant; they have also clearly indicated that they have no intention of pursuing the tenant; and they have offered no evidence to support any claim. It follows that there is no claim against the tenant for the Tribunal to determine.

I also consider that it is outside the Tribunal’s jurisdiction to determine a claim not pleaded by a party. Any determination of such a claim would likely not be binding and enforceable. For those reasons, I cannot determine the matter and the tenant’s application is dismissed.

Reasons

The tenant’s application was couched as an application for refund of the bond. However, the bond has already been refunded to the landlords with the knowledge and consent of the tenant.

Separate to the bond refund, the landlords sent the tenant an invoice for professional carpet cleaning and a further 5 days rent until the carpets could be cleaned, after the tenancy ended.

Tenancy Tribunal case 5203591 — Cleanliness at 69 Kahawairahi Drive, Beachlands, Auckland 2018

At a glance

Tenancy Tribunal case 5203591 — Cleanliness at 69 Kahawairahi Drive, Beachlands, Auckland 2018

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions