Published tribunal order
Tenancy Tribunal case 4642149 — Cleanliness at ORDER
Decided 13 Mar 2024 · Published 13 Mar 2024 · Application 4642149
- Cleanliness
- Property damage
Party names are redacted in the official published order.
Order
- must pay immediately, LandlordTenant Rent overpayment$65.17 TV bracket repair$138.00 Wall repaint$391.00 Carpet Cleaning$180.00 Filing fee reimbursement$20.44 Total award$729.44$65.17 Net award$664.27 Bond paid to landlord under Order dated 9.11.23$727.27 Total payable by Landlord to Tenant$63.00
Reasons
- Both parties attended the hearing which was held by teleconference. 2.
- Following a hearing which the tenants did not attend, the Tribunal made an Order dated 9 November 2023, that the tenants pay the landlord: a.$180.00 for carpet cleaning; b.$592.00 for wall repairs and painting.
- The tenants then filed an application for rehearing on the basis that they had not attended the hearing through a misunderstanding about their attendance by teleconference.
- That application for rehearing was granted and this was a rehearing of the landlord's application. Rent
- It is agreed that the tenants are due a refund for overpaid rent of $65.17.
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 entry inspection photographs and report, show that there were some existing carpet stains when the tenancy began.
- Comparison of the entry and exit photographs shows that when the tenancy ended, the carpets were in a considerably worse condition with some significant new stains. They needed cleaning.
- The tenants did try to have the carpets cleaned but stains remained. They say that the carpet cleaning professional they engaged advised them against using stronger chemicals to try and remove the stains as the carpet was old and might be damaged.
- The landlord initially claimed that the carpets would require replacement but following further commercial cleaning arranged by the landlord, the carpets were brought to a reasonable condition and the landlord's claim is limited to compensation for the cost of that cleaning.
- I find it proved that the tenants did not meet their obligation to leave the carpets in a reasonably clean and tidy condition. The landlord is entitled to compensation for the cost of the further cleaning required to bring them to that condition.
- The cost claimed is reasonable and is proved by the invoice provided.
Is the tenant responsible for the damage to the premises?
- Photographs show that in three places in the lounge area there were permanent marker drawings on the wall. The tenants tried to clean the marks off but became concerned that further scrubbing or use of stronger cleaning chemicals might cause more damage or cause health issues for their child.
- Photographs show that the marks needed to be removed.
- I accept that the tenants tried as best they could to clean the marks but were unable to and the tenants are responsible for the cost of fixing the damage. The sum claimed by the landlord for the marks to be painted over is reasonable and is proved by the invoice provided.
- The tenants sought permission from the landlord to install wall mounting brackets for their television. The landlord gave permission.
- Where such permission is given, the tenants must return the premises to their condition before the change was made (s.42B(4) RTA).
- Photographs show that again the tenants tried to make good the damage caused by mounting the brackets, using filler/ putty as recommended by the property manager. However, the screw holes have not been properly filled or sanded and further work was required to obtain an acceptable finish.
- The amount charged is reasonable and is proved by the invoice provided.
- The November Order resulted in $727.27 being paid to the landlord from the bond. My finding is that the landlord is entitled to be paid $664.27. The tenants are entitled to be refunded the difference.
- has succeeded with the claim I must reimburse the filing fee.