What was the outcome of Tenancy Tribunal case 5279112?

The tribunal order states: The tenants are to attend at the tenancy address on Tuesday 2 September

How much money was awarded in case 5279112?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5279112?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5279112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12342006-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5279112?

The tribunal order states: The tenants are to attend at the tenancy address on Tuesday 2 September

How much money was awarded in case 5279112?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5279112?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5279112?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12342006-Tenancy_Tribunal_Order.pdf.

91 Great South Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5279112 — Cleanliness

Order

The tenants are to attend at the tenancy address on Tuesday 2 September 2025 to collect all the tenant’s belongings stored there. The landlord shall provide access to the tenants for this purpose.
The remaining claims are dismissed.

Reasons

Both parties attended the hearing.
The tenants have applied for return of their belongings that remain in the premises following the end of the tenancy.
This tenancy commenced on 30 July 2025. On 29 April 2025 the tenant gave notice to end the tenancy on 20 May 2025 (21 days).
On 20 May 2025 the tenant said that he was in the process of moving their belongings to their new tenancy. At around 3.30pm the landlord asked for the keys to the premises to show someone else around. When the tenant returned to finish moving the landlord had locked the house.
The landlord advised that the tenant could have access to retrieve the remaining items after paying $200.00 as security.
The landlord’s text dated 20 May 2025 states; “So today 20 May 2025 we gave you the option to leave us with refundable $200 as security. So when you get all the cleaning and leave the house tidy and get all the things that need to be done, you can have the security back. If you pay today $200 you can take your belongings now. Remember we will charge rent for each day your belongings are still here.”
The tenant did not have $200 to pay as security so the remaining belongs (beds, baby’s car seat, pram, jewellery, vacuum) remained at the premises. The following day the tenant applied to the Tribunal.
The landlord said that they sought the security because the tenant’s bond of $1,290.00, which had not been lodged with the Bond Centre, had been applied to the last three weeks for rent. That money covered rent up until 19 May 2025.
On 3 June 2025 the landlord sent a text message to the tenant stating; “Just clean our place so that we can utilise it and take your stuff” “Let us know the time” When you coming”
The tenant had contacted Tenancy Services and asked for someone to accompany him to collect his belongings, but this did not occur. At the date of the hearing the tenant’s belongings remain at the premises.
I have ordered that the tenant may collect the belongings on Tuesday 2 September 2025 at 7pm. I see no reason for the parties to have contact on that day provided the landlord leaves the premises open just before 7pm and remains in their side of the premises.
The landlord applied for compensation following the end of the tenancy.
The landlord claimed for cleaning but failed to allow the tenant the opportunity to complete cleaning at the premises. According to the photographs produced by the landlord, all that was required was for the premises to be vacuumed. The landlord produced a quote for a complete “move-out” clean. That claim is not allowed and is dismissed.
The landlord claimed for the weeds to be removed and sprayed. A quote was produced for this. The photograph of the premises before the tenancy shows that the outside space is dirt with no lawn. At the end of the tenancy the same area is covered in large weeds.
The tenant said that he had advised the landlord that if there was a lawn area he would mow it but could not pick the weeds from the whole outside space.
The landlord said they have since carried out the work themselves.
The area is not lawn and I agree with the tenant that he cannot be expected to weed an area as large as this. The landlord had suggested spraying for weeds, but I consider that to be more of a maintenance issue for the landlord. The claim for maintenance of the outside area where weeds are growing is dismissed.
The landlord claimed for curtain washing, a broken latch, and a gas refill. No invoices were produced for these claims. There were no photographs of the curtains from before the tenancy commenced and no photographs of the broken latch. The claims are dismissed.
The landlord claimed for rent from 20 May 2025 because the area was not usable. As mentioned above, the landlord was at fault retaining the tenant’s belongings. If they had complied with the Residential Tenancies Act 1986 then the tenants would be able to remove their belongings and if they did not, then the landlord could follow the provisions in the Act and be able to store the belongings and use the space for a new tenancy. That claim is dismissed.

Order

The tenants are to attend at the tenancy address on Tuesday 2 September 2025 to collect all the tenant’s belongings stored there. The landlord shall provide access to the tenants for this purpose.
The remaining claims are dismissed.

Reasons

Both parties attended the hearing.
The tenants have applied for return of their belongings that remain in the premises following the end of the tenancy.
This tenancy commenced on 30 July 2025. On 29 April 2025 the tenant gave notice to end the tenancy on 20 May 2025 (21 days).
On 20 May 2025 the tenant said that he was in the process of moving their belongings to their new tenancy. At around 3.30pm the landlord asked for the keys to the premises to show someone else around. When the tenant returned to finish moving the landlord had locked the house.
The landlord advised that the tenant could have access to retrieve the remaining items after paying $200.00 as security.
The landlord’s text dated 20 May 2025 states; “So today 20 May 2025 we gave you the option to leave us with refundable $200 as security. So when you get all the cleaning and leave the house tidy and get all the things that need to be done, you can have the security back. If you pay today $200 you can take your belongings now. Remember we will charge rent for each day your belongings are still here.”
The tenant did not have $200 to pay as security so the remaining belongs (beds, baby’s car seat, pram, jewellery, vacuum) remained at the premises. The following day the tenant applied to the Tribunal.
The landlord said that they sought the security because the tenant’s bond of $1,290.00, which had not been lodged with the Bond Centre, had been applied to the last three weeks for rent. That money covered rent up until 19 May 2025.
On 3 June 2025 the landlord sent a text message to the tenant stating; “Just clean our place so that we can utilise it and take your stuff” “Let us know the time” When you coming”
The tenant had contacted Tenancy Services and asked for someone to accompany him to collect his belongings, but this did not occur. At the date of the hearing the tenant’s belongings remain at the premises.
I have ordered that the tenant may collect the belongings on Tuesday 2 September 2025 at 7pm. I see no reason for the parties to have contact on that day provided the landlord leaves the premises open just before 7pm and remains in their side of the premises.
The landlord applied for compensation following the end of the tenancy.
The landlord claimed for cleaning but failed to allow the tenant the opportunity to complete cleaning at the premises. According to the photographs produced by the landlord, all that was required was for the premises to be vacuumed. The landlord produced a quote for a complete “move-out” clean. That claim is not allowed and is dismissed.
The landlord claimed for the weeds to be removed and sprayed. A quote was produced for this. The photograph of the premises before the tenancy shows that the outside space is dirt with no lawn. At the end of the tenancy the same area is covered in large weeds.
The tenant said that he had advised the landlord that if there was a lawn area he would mow it but could not pick the weeds from the whole outside space.
The landlord said they have since carried out the work themselves.
The area is not lawn and I agree with the tenant that he cannot be expected to weed an area as large as this. The landlord had suggested spraying for weeds, but I consider that to be more of a maintenance issue for the landlord. The claim for maintenance of the outside area where weeds are growing is dismissed.
The landlord claimed for curtain washing, a broken latch, and a gas refill. No invoices were produced for these claims. There were no photographs of the curtains from before the tenancy commenced and no photographs of the broken latch. The claims are dismissed.
The landlord claimed for rent from 20 May 2025 because the area was not usable. As mentioned above, the landlord was at fault retaining the tenant’s belongings. If they had complied with the Residential Tenancies Act 1986 then the tenants would be able to remove their belongings and if they did not, then the landlord could follow the provisions in the Act and be able to store the belongings and use the space for a new tenancy. That claim is dismissed.

Tenancy Tribunal case 5279112 — Cleanliness at 91 Great South Road, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5279112 — Cleanliness at 91 Great South Road, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Frequently asked questions