What was the outcome of Tenancy Tribunal case 5302859?

The tribunal order states: Micheal Omeka Lui Walker and Julie Anne Motu must pay Grovefield Joal

How much money was awarded in case 5302859?

Cleaning: $425.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5302859?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5302859?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12400174-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5302859?

The tribunal order states: Micheal Omeka Lui Walker and Julie Anne Motu must pay Grovefield Joal

How much money was awarded in case 5302859?

Cleaning: $425.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord

What type of tenancy dispute was case 5302859?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5302859?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12400174-Tenancy_Tribunal_Order.pdf.

1 Viola Place, Papakura, Papakura 2110 Tenancy Tribunal Case 5302859 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5302859 — net $453.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$425.50	Carpet Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$453.50
Total payable by Tenant to Landlord	$453.50

The landlord attended the hearing by video call.

The tenants were telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenants were properly served with notice of the hearing. The hearing proceeded in their absence.

The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations: a. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. b. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. c. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.” TENANT’S OBLIGATIONS

At the end of the tenancy the tenant must: a. remove all his or her goods from the premises, 1 and b. leave the premises (including the land provided with the premises) reasonably clean and tidy. 2

When considering a claim for cleaning the following principles generally apply: a. 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. b. 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 1 See section 40 (1)(e) (ii) of the RTA. 2 See section 40 (1)(e) (iii) of the RTA. new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work). CARPET CLEANING - $425.50

The landlord claims $425.50 in respect of carpet cleaning. The tenant did not leave the carpet clean. The landlord had to clean the carpet to remove a number of stains.

The amount ordered is proved with post tenancy photographs and an invoice from AA Carpet Cleaning.

BOND

I note that the parties agreed for the Bond to be released from the Bond centre. The landlord obtained part of the bond which was paid to rent arrears, water rates and other expenses incurred following the end of the tenancy. The balance of the bond was paid to the tenant. It appears the expense in relation to carpet cleaning was overlooked during that process. FILING FEE - $28

If an applicant has been wholly successful in their claim, the Tribunal must order that the respondent pay the applicant the filing fee paid for the application. 3 The applicant has been wholly successful with the claim, therefore I award the filing fee.

NAME SUPPRESSION

The landlord did not seek name suppression.

Claims and awards in Tenancy Tribunal application 5302859 — net $453.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Carpet Cleaning	$425.50	Carpet Cleaning
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$453.50
Total payable by Tenant to Landlord	$453.50

Order

Micheal Omeka Lui Walker and Julie Anne Motu must pay Grovefield Joal Limited $453.50 immediately, calculated as shown in table below.

Reasons

The landlord attended the hearing by video call.
The tenants were telephoned on the phone number provided but the phone call went unanswered. I am satisfied the tenants were properly served with notice of the hearing. The hearing proceeded in their absence.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy.

RELEVANT LEGAL CONSIDERATIONS

The relevant law that applies is found in the Residential Tenancies Act 1986 (“RTA”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations: a. That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood. b. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. c. As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... “[L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence.” TENANT’S OBLIGATIONS
At the end of the tenancy the tenant must: a. remove all his or her goods from the premises, 1 and b. leave the premises (including the land provided with the premises) reasonably clean and tidy. 2
When considering a claim for cleaning the following principles generally apply: a. 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. b. 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 1 See section 40 (1)(e) (ii) of the RTA. 2 See section 40 (1)(e) (iii) of the RTA. new and in a good condition will be easier to clean than older and worn surfaces, particularly with paint work). CARPET CLEANING - $425.50
The landlord claims $425.50 in respect of carpet cleaning. The tenant did not leave the carpet clean. The landlord had to clean the carpet to remove a number of stains.
The amount ordered is proved with post tenancy photographs and an invoice from AA Carpet Cleaning.

BOND

I note that the parties agreed for the Bond to be released from the Bond centre. The landlord obtained part of the bond which was paid to rent arrears, water rates and other expenses incurred following the end of the tenancy. The balance of the bond was paid to the tenant. It appears the expense in relation to carpet cleaning was overlooked during that process. FILING FEE - $28
If an applicant has been wholly successful in their claim, the Tribunal must order that the respondent pay the applicant the filing fee paid for the application. 3 The applicant has been wholly successful with the claim, therefore I award the filing fee.

NAME SUPPRESSION

The landlord did not seek name suppression.

Tenancy Tribunal case 5302859 — Cleanliness at 1 Viola Place, Papakura, Papakura 2110

At a glance

Tenancy Tribunal case 5302859 — Cleanliness at 1 Viola Place, Papakura, Papakura 2110

At a glance

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

BOND

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RELEVANT LEGAL CONSIDERATIONS

BOND

NAME SUPPRESSION

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions