What was the outcome of Tenancy Tribunal case 5276680?

The tribunal order states: Mesepi Ulimasao lose must pay Claudia Sheen Yun $678.58 immediately, as

How much money was awarded in case 5276680?

Cleaning: $614.28 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Previous Order Application 5027401 D…: $1,319.86 awarded to landlord

What type of tenancy dispute was case 5276680?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5276680?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11965042-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5276680?

The tribunal order states: Mesepi Ulimasao lose must pay Claudia Sheen Yun $678.58 immediately, as

How much money was awarded in case 5276680?

Cleaning: $614.28 awarded to tenant; Filing Fee: $27.00 awarded to tenant; Previous Order Application 5027401 D…: $1,319.86 awarded to landlord

What type of tenancy dispute was case 5276680?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5276680?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11965042-Tenancy_Tribunal_Order.pdf.

227A Panama Road, Mount Wellington, Auckland 1062 Tenancy Tribunal Case 5276680 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5276680 — net $678.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 5027401 dated	$1,319.86		Previous order application 5027401 dated
Compensation: Cleaning		$614.28	Cleaning
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$1,319.86	$641.28
Net award	$678.58
Total payable by Tenant to Landlord	$678.58

Both parties attended the hearing.

The tenant was assisted by a Samoan interpreter. The landlord was assisted by a Korean interpreter.

On 29 January 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 9 January 2025, a cleaning fee, the filing fee and release of the bond. The previous order is incorporated into this order for enforcement purposes.

The tenant applied for bond refund, for a claim related to the Healthy Homes standards and to be released from a fixed term tenancy.

The landlord applied for rent arrears and cleaning. Landlord application

The landlord’s application was dealt with by the Tribunal at the hearing held on 29 January 2025. The landlord was awarded rent arrears, cleaning, the filing fee and release of the bond.

As the Tribunal has dealt with the application this claim is dismissed. Tenant application

The tenant claimed for release of the bond, but the Tribunal released the bond to the landlord in the order made on 29 January 2025. As the bond has been released no further order is required.

The tenant claimed in respect of the Healthy Homes standards. The tenancy commenced on 5 November 2023, so the landlord had 120 days from the start date to comply with the Healthy Homes standards. The tenant left the premises before the expiration of the 120-day period so there is no breach of the Healthy Homes standards. That part of the tenant’s claim is dismissed.

The tenant’s complaint relates to the condition that the home was in when they moved in. The tenant produced photographs showing that the premises were not reasonably clean and tidy on 5 November 2023. Section 45(1)(a) provides that the landlord shall provide the premises in a reasonable state of cleanliness. In particular, the carpet was heavily stained. In addition, the tenant said that the carpet was wet and there were fleas.

The landlord did not produce any photographs from before the tenancy commenced. She did produce photographs from 3 December 2024 which show a considerably cleaner premises which is after the tenant had carried out the cleaning.

The tenant and her family spent time cleaning the premises. I accept that the cleaning was required.

The landlord said that she had paid a cleaner $100.00 to vacuum the premises and clean the windows. It seems that not all the windows were cleaned. The amount paid by the landlord is a small amount for a 3-to-4-bedroom home.

I consider that the tenant should be awarded for having to clean the premises at the beginning of the tenancy. Also, the landlord did not provide the premises to the tenant until after 4pm on 5 November 2024. I have awarded $500.00 for cleaning and $114.28 which is the daily rate for the tenant not being able to move in on the morning of 5 November 2025.

In relation to the claim to reduce the fixed term tenancy the tenant claims that she and her family were unwell from living at the premises. I accept that the tenant and her family were unwell, but there is insufficient evidence to establish that the illness was caused by living at the premises. Also, the Tribunal has already made an order in relation to rent arrears owed to 9 January 2025. I am unable to change that order.

Because Mesepi Ulimasao lose has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5276680 — net $678.58 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Previous order application 5027401 dated	$1,319.86		Previous order application 5027401 dated
Compensation: Cleaning		$614.28	Cleaning
Filing fee reimbursement		$27.00	Filing fee reimbursement
Total award	$1,319.86	$641.28
Net award	$678.58
Total payable by Tenant to Landlord	$678.58

Order

Mesepi Ulimasao lose must pay Claudia Sheen Yun $678.58 immediately, as set out in the table below.
This order incorporates the Tribunal order made on 29 January 2025 under application 5027401.
All remaining claims are dismissed.

Reasons

Both parties attended the hearing.
The tenant was assisted by a Samoan interpreter. The landlord was assisted by a Korean interpreter.
On 29 January 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 9 January 2025, a cleaning fee, the filing fee and release of the bond. The previous order is incorporated into this order for enforcement purposes.
The tenant applied for bond refund, for a claim related to the Healthy Homes standards and to be released from a fixed term tenancy.
The landlord applied for rent arrears and cleaning. Landlord application
The landlord’s application was dealt with by the Tribunal at the hearing held on 29 January 2025. The landlord was awarded rent arrears, cleaning, the filing fee and release of the bond.
As the Tribunal has dealt with the application this claim is dismissed. Tenant application
The tenant claimed for release of the bond, but the Tribunal released the bond to the landlord in the order made on 29 January 2025. As the bond has been released no further order is required.
The tenant claimed in respect of the Healthy Homes standards. The tenancy commenced on 5 November 2023, so the landlord had 120 days from the start date to comply with the Healthy Homes standards. The tenant left the premises before the expiration of the 120-day period so there is no breach of the Healthy Homes standards. That part of the tenant’s claim is dismissed.
The tenant’s complaint relates to the condition that the home was in when they moved in. The tenant produced photographs showing that the premises were not reasonably clean and tidy on 5 November 2023. Section 45(1)(a) provides that the landlord shall provide the premises in a reasonable state of cleanliness. In particular, the carpet was heavily stained. In addition, the tenant said that the carpet was wet and there were fleas.
The landlord did not produce any photographs from before the tenancy commenced. She did produce photographs from 3 December 2024 which show a considerably cleaner premises which is after the tenant had carried out the cleaning.
The tenant and her family spent time cleaning the premises. I accept that the cleaning was required.
The landlord said that she had paid a cleaner $100.00 to vacuum the premises and clean the windows. It seems that not all the windows were cleaned. The amount paid by the landlord is a small amount for a 3-to-4-bedroom home.
I consider that the tenant should be awarded for having to clean the premises at the beginning of the tenancy. Also, the landlord did not provide the premises to the tenant until after 4pm on 5 November 2024. I have awarded $500.00 for cleaning and $114.28 which is the daily rate for the tenant not being able to move in on the morning of 5 November 2025.
In relation to the claim to reduce the fixed term tenancy the tenant claims that she and her family were unwell from living at the premises. I accept that the tenant and her family were unwell, but there is insufficient evidence to establish that the illness was caused by living at the premises. Also, the Tribunal has already made an order in relation to rent arrears owed to 9 January 2025. I am unable to change that order.
Because Mesepi Ulimasao lose has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5276680 — Cleanliness at 227A Panama Road, Mount Wellington, Auckland 1062

At a glance

Tenancy Tribunal case 5276680 — Cleanliness at 227A Panama Road, Mount Wellington, Auckland 1062

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions