Published tribunal order
Tenancy Tribunal case 4733469 — Cleanliness at Unit/Flat Flat 2, 37 Carnell Street, Napier South, Napier
Decided 13 May 2024 · Published 13 May 2024 · Application 4733469
- Cleanliness
Party names are redacted in the official published order.
Order
- Liam Tomlinson to pay [The landlord/s] $736.38 from the bond, calculated as shown in table below.
- The bond is to be split by the Bond Centre immediately between Craig Verschaffelt and Kim Michelle Verschaffelt and Liam Tomlinson as follows: Landlord $756.82 Tenant $173.18
- I dismiss the tenants claims.
Reasons
- Both parties attended the hearing, and both have applications before the Tribunal.
- The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- The tenant claimed that the house was in a better condition when he left than at the start of the tenancy, that the landlord failed to maintain the property and comply with Healthy Homes Standards. Landlord application:
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.
- The tenant did not leave the exterior steps in a reasonable clean and tidy condition nor remove all the rubbish.
- The lawns and gardens were not left in the same condition as the start of the tenancy and were unkempt.
- The tenant did not return the keys. Rubbish:
- The tenant accepts that he left rubbish at the premise at the end of the tenancy but dispute the amount of rubbish.
- The landlord provided receipts for the cost of the trailer hire at $50.00, rubbish dump fees of $187.38, mileage from the property to the dump and back of $21.00 and 3-hours labour costs of $126.00.
- The landlord provided photographs of the rubbish along the driveway and a statement from a person who assisted him in the rubbish removal.
- I am satisfied that the landlord has proven his claim for rubbish removal. Key/lock
- The landlord said that the tenant did not return the key at the end of the tenancy. The tenant said he left the key under the mat. The landlord said in fact there was no mat at the property.
- The landlord provided a receipt for the cost of replacement lock.
- I am satisfied that the landlord has proven his claim for lock replacement. Dirty doorstep:
- The landlord said that the tenant left the back doorstep in a stained and unclean condition. The landlord had to clean the steps and purchase specific cleaner to do the job. The landlord provided receipts for $20.00 being the cost of half the bottle of cleaner and an invoice for $20.00 for half an hour’s work.
- I am satisfied that the landlord had proven his claim for the doorstep. Lawns:
- The landlord says that the tenants put in gardens despite the landlord refusing to permit this. The landlord said the grounds were a mow able lawn at the start of the tenancy. At the end of the tenancy the tenant had removed the gardens and raked over the top of the area. The landlord said the lawns were dumpy and full of rubbish.
- The landlord had to get a digger in to level out the lawn area and clear the rubbish.
- The landlord provided an invoice for $100 for the cost of labour hire for one hour, plus his cost of $42.00 an hour to level the lawn and the digger hire of $170.00.
- If a tenant makes changes to the property during a tenancy, then they must return the property to the same state as it was, at the end of the tenancy.
- I am satisfied that the Landlord has proven his claim for the lawn and garden costs. Tenant claims:
- Liam Tomlinson claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
- Under section 45, a landlord must provide the premises in a reasonable state of cleanliness. provide and maintain the premises in a reasonable state of repair. comply with all requirements in respect of smoke alarms and insulation set out in the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 comply with any relevant enactment in relation to buildings, health, and safety. provide an adequate means for the collection and storage of water if there is no reticulated supply.
- Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986. Cleanliness and bed bugs:
- The tenant claims that the property was unclean when he took over the tenancy. However, the tenant does not have any proof such as photographs or complaints to the landlord about the state of the cleanliness at the start of the tenancy.
- The landlord responded by advising the Tribunal that the tenant sent him a text message on the day he took possession of the tenancy say that he was happy with the property. The tenant confirmed that he did send that message because he did not think it was the right thing to complain as soon as he took over the tenancy.
- I am unable to determine whether the property was reasonably clean and tidy at the start of the tenancy without supporting evidence.
- The tenant raised the issue of a bed bugs infestation early in the tenancy. During the hearing, the tenant claimed that the bed bugs became evident within a few weeks of the start of the tenancy.
- However, Sara Karlsson, who was the tenant’s partner and who lived at the property with him, said that the bedbug infestation began a few months after the start of the tenancy. Sara says that they “discovered” the bed bugs in October 2020, and the tenancy commenced in May 2020.
- The fact that the infestation became evident 5 months after the start of the tenancy would suggest that the bed bugs were not in the property at the start of the tenancy. The unit was unfurnished, but the tenant says he believes the bedbugs came from the old curtains at the property. I have not been provided with any evidence of beg bugs in the curtains.
- I do not find that the landlord has failed to leave the property in a reasonable clean and tidy condition, nor that there was a bug infestation at the start of the tenancy. Failing to maintain: Windows:
- The tenant say that the landlord failed to maintain the property. The tenant says that the windows leaked and were rotten, that smoke and cold air was able to get in through the windows.
- The landlord said that this was a home built in the 1940’s and had old wooden window frames. The landlord claimed to have always been on top of maintenance as it was his property, and it is in his best interest to ensure that property remains in good condition.
- The landlord told the Tribunal about a maintenance man, Alan Crab that spent time on the property maintaining the windows by cutting out rotten pieces, sanding, re-puttying and repainting the sills and frames, replacing handles and hinges.
- The tenant confirmed that Alan was constantly at the property working away on the windows. He had re-sealed the windows.
- The tenant talked about the windows leaking and smoke and cold air getting in. However, the landlord was attempting to maintain the windows, given the age of the property.
- The tenant mentioned a broken louvre window that he said was like that at the start of the tenancy. He accepts that he did not raise it with the landlord. Roof leaks:
- The tenant gave evidence that the roof leaked on three occasions during the tenancy and was never fixed properly.
- The landlord says the roof does not leak now. He described there being a badly designed flashing put up when the whole roof was replaced in 2000, which allowed rain to come in occasionally. The angle of the rain was able to enter the roof cavity on occasion because of the badly designed flashing.
- According to the tenant this happened three times. The landlord said on each occasion he investigated the problem, and it was eventually repaired.
- The tenant does say that the landlord would come to the house and fix the roof when it leaked, but says it was never permanently fixed.
- The landlord said that he had little notice of the hearing and no time to provide photograph and reports on the good condition of the roof.
- I find that the landlord has attempted to maintain the roof and remedy any issues that the tenant brings to his attention.
- The tenant raised issues with the hot water cylinder and oven. However, there appears to be no dispute that the oven was always in working condition while the landlord was seeking a replacement oven. The new oven was installed within two weeks and at all times there were adequate cooking facilities in the property.
- It is not in dispute that there were issues with the hot water cylinder, which was attended to by the landlord as soon as advised of the problem. The tenant says that there were issues with getting enough hot water. The landlord was advised by Sara Karlsson, the other tenant , that the tenant would turn off the thermostat/ hot water cylinder to save money.
- I am not satisfied that the tenant has proven that the landlord failed to maintain the property, nor comply with Healthy Homes Standards under the RTA.
- I do not find that the landlords have committed an unlawful act.
- I am dismissing the tenant’s applications.
- The bond is to be split between the parties as set out above.
- As the landlords have applied for suppression and be successful, I must grant the suppression of their names and details.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.