Published tribunal order
Tenancy Tribunal case 4664669 — Rent arrears at 49 Highden Road, Rongotea 4476
Decided 5 Oct 2023 · Published 5 Oct 2023 · Application 4664669
- Rent arrears
- Property damage
- Cleanliness
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- [The tenant/s] and [The tenant/s] must pay Property Brokers Limited as agent for SJ & E Bleakley Family Trust $733.01 immediately, calculated as shown in table below.
Reasons
- Both parties attended the hearing, the tenants being represented by Mr Pretorius.
- The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- Although there was no claim for rent arrears in the landlord’s application, I have considered rent arrears in calculating the total amount owing by the tenant because the landlord said that the bond has already been released to the landlord, who had used $2,107.14 to cover rent arrears owing at the end of the tenancy. There remains a credit of $252.86 which the landlord seeks to offset against any amount ordered by the Tribunal.
- The tenant said that he had agreed to the bond being signed over to the landlord, but he did not agree that he owed $2,107.14. He said it was about one week’s worth of rent owing, which would be $590.
- On 11 May 2023 the landlord issued a 14-day notice to remedy rent arrears. On 15 May 2023 the tenant gave two weeks’ notice. Under section 51(2B) of the Residential Tenancies Act 1986 (the Act), a tenant may terminate a tenancy by giving at least 28 days’ notice. Therefore, the notice of two weeks was not valid. The landlord had advised the tenant of that.
- The tenant’s responsibilities under section 40 of the Act continue until the tenancy is terminated, which in this case was 12 June 2023, being 28 days after notice was given. Those responsibilities include payment of rent.
- The landlord provided a rent summary which shows that on 5 May the tenant missed a payment. On 12 May rent was paid. No more rent was paid for the remainder of the tenancy. The rent arrears had accrued to $2,107.14.
- The landlord submitted an invoice $629.50 plus GST for: Lawn mowing and tidying section Removal of wooden rounds Repair of wall Repair of door
- It would have been preferable to have a breakdown of the invoice for each item so that if the Tribunal decides that any of the claims are not upheld, it is easy to calculate the correct amount to be ordered. However, because the landlord has been successful in all the claims for the reasons outlined below, that is not necessary in this instance. Lawns and wood
- At the end of the tenancy, the tenant must remove all his or her goods from the premises; and leave the premises in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish (section 40(1)(e))
- The landlord provided photographs showing that the lawns were overgrown on 12 June 2023. Under the tenancy agreement, the tenant was responsible for the lawns. The tenant said that he mowed the lawns when he moved out, which was two weeks beforehand but his responsibility for the lawns continued until the end of the tenancy. He is therefore responsible for the cost of a further mowing of the lawns at the end of the tenancy.
- There were also several large pieces of sawn tree trunk in rounds. The tenant acknowledges he left them. Damage to wall and door
- Under section 40(2) of the Act, a tenant shall not carelessly or intentionally damage the property.
- The tenant agreed that there had been some damage to an internal wall which had blue wallpaper and he had patched it with some green wallpaper. The landlord has had the area skimmed and painted a blue to match the wallpaper. I find that the damage, including the tenant’s repair is more than fair wear and tear and so the tenant is responsible for the cost of the landlord’s repair.
- The landlord also provided a photo showing damage to a door and the repair done. The tenant did not recall the damage. I find that it is more likely than not caused during the tenancy. It is consistent with scratching or chewing by a dog and the tenant had a dog.
- Overall, the invoice for the work done is reasonable. The amounts ordered are proved. Carpet cleaning
- Finally, the landlord sought $241.50 for carpet cleaning for the lounge, living room and office. The tenant had kept a dog and guinea pigs. When the landlord attended the property on 12 June for an inspection, it had been shut up for about 2 weeks and the smell of animals was strong.
- The tenant said that he had cleaned the carpet when he left but did not dispute that the property may have smelt two weeks later.
- I find it is reasonable for the landlord to have the carpets cleaned in this situation and they should be reimbursed the $241.50 based on the invoice provided. Filing fee
- Because Property Brokers Limited as Agent for SJ& E Bleakley Family Trust has wholly succeeded with the claim I must reimburse the filing fee.
- During the hearing, the tenant expressed dissatisfaction with the way in which the tenancy was managed. He may seek advice from Tenancy Services and bring his own application to the Tribunal if he wishes.