Published tribunal order
Tenancy Tribunal case 4755977 — Rent arrears
Decided 18 Apr 2024 · Published 18 Apr 2024 · Application 4755977
- Rent arrears
Party names are redacted in the official published order.
Order
- [The tenant/s] must pay [The landlord/s] $1,361.45 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,650.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- Both parties attended the hearing. [Tenant 1] appeared on behalf of his partner [Tenant 2], with her authority.
- The landlord has applied for rent and water 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 26 November 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
- [Tenant 1] accepted that the amounts claimed for rent and water were owing and I have therefore made orders for payment of these amount by consent.
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 said that they had not claimed any compensation for cleaning because the tenancy had ended because they wanted to do extensive renovations.
- The landlord did however claim for rubbish removal. The landlord provided photos of garden waste left behind together with some personal belongings and produced an invoice in the amount of $460.00 (including GST) for removal of the items.
- [Tenant 1] accepted that the garden waste and personal items were left behind and that the amount claimed was reasonable. I have therefore made an order for payment by consent.
Is the tenant responsible for the damage to the premises?
- A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
- The landlord claimed for the repair of a broken window which [Tenant 1] accepted. I order payment in the amount of $287.50 (the invoice sum including GST).
- The landlord also claimed for damage to a benchtop (water damaged over time) and for painting and plastering (small amounts of damage, marks and dings). However while the landlord had exit inspection photos the landlord did not have any photos proving the condition of the property at the start of the tenancy.
- The landlord has not been able to prove that the damage occurred during tenancy. The landlord’s claim for damage is therefore dismissed. Filing fee and name suppression
- The landlord has only been partially successful and so I have not refunded the filing fee.
- Both parties sought name suppression. As all of the orders made were made by consent I consider that there is very little public interest in the publication of this decision. I have therefore suppressed publication of both parties’ names and the tenancy address.