Published tribunal order
Tenancy Tribunal case 4543033 — Rent arrears at 74 Keri Vista Rise, Papakura, Papakura 2110
Decided 5 Oct 2023 · Published 5 Oct 2023 · Application 4543033
Landlord favoured
- Rent arrears
- Cleanliness
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Jace Witheight Ainu'u must pay Local Realty Rentals Limited T/A Century 21 Local Realty $1,946.02 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears$2,197.14 Previous order application 4500422 dated 06/03/2023$779.35 Water rates$809.09 Cleaning$940.00 Filing fee reimbursement$20.44 Total award$4,746.02 Bond-$2,800.00 Total payable by Tenant to Landlord$1,946.02
- The landlord application for carpet cleaning is dismissed.
- The Bond Centre is to pay the bond of $2,800.00 (6476193-004) to Local Realty Rentals Limited T/A Century 21 Local Realty immediately.
Reasons
- Only the landlord attended the hearing.
- The landlord has applied for rent arrears, 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 13 April 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
- I am satisfied that the amounts ordered are proved.
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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- Having seen the photographs and heard the evidence, I am satisfied that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- That said, I have reviewed the evidence in relation to the carpet cleaning, and I am not satisfied that this portion of the application is proved. I note that the tenancy agreement include provision for the tenants to commercially clean the carpets if they are below the standard of reasonably clean and tidy at the end of the tenancy. Having seen the photographs, I do not accept that the carpets were not left reasonably clean and tidy. Further, I note that the outgoing inspection report noted the floor coverings as either “good condition” or “fair wear and tear” throughout, albeit with some notes that cleaning was needed.
- I consider that this is one of the situations where there is a difference between the standard of reasonably clean and tidy, which is what is required of a tenant at the end of a tenancy and the standard that a landlord want to have a property in when re-tenanting it. The cost of remedying that difference is for the landlord.
- The amounts ordered are proved.
- Because Local Realty Rentals Limited T/A Century 21 Local Realty has substantially succeeded with the claim I have reimbursed the filing fee.