Published tribunal order
Tenancy Tribunal case 4515230 — Rent arrears at 11 The Track, Takanini, Takanini 2112
Decided 14 Sept 2023 · Published 14 Sept 2023 · Application 4515230
Landlord favoured
- Rent arrears
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Katalina Pahulu and Aiveni Vaifoou Pahulu must pay Denver Drayson D'Costa and Brittany D’Costa $1,123.05 immediately, calculated as shown in the table below.
- The landlord’s claims for compensation in relation to cleaning and carpet cleaning are dismissed.
Reasons
- The landlord attended the hearing. The other party did not attend the hearing.
- The landlord has applied for rent arrears, unpaid water charges, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
- The tenancy ended on 20 January 2023. The landlord provided rent records and Veolia water invoices which prove the amount owing at the end of the tenancy.
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. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The landlord claimed compensation for cleaning and carpet cleaning.
- The landlord, as the applicant, bears the onus of proving their claim “on the balance of probabilities”. This means that the landlord must prove with evidence that their claim is more likely than not, correct.
- The landlord provided very limited photographs which have not persuaded me that the tenants’ breached their responsibility to leave the premises reasonably clean and tidy upon vacating the premises.
- As the landlord has not proved the claims for compensation for cleaning and carpet cleaning to the required standard, these claims are therefore dismissed.
- I note that at the hearing the landlord sought costs to replace a garage remote which was not returned by the tenants. This claim was not part of the original application and therefore I am unable to consider it. Filing fee
- As the landlord has not wholly or substantially succeeded with the claim, I decline to order the other party to reimburse the filing fee.