Published tribunal order
Tenancy Tribunal case 4768858 — Property damage
Decided 24 Jul 2024 · Published 24 Jul 2024 · Application 4768858
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- Orlando Talia Lene and Apolonia Fai Mafulu to [The landlord/s] $974.35 from the remaining bond of $1223.00, calculated as shown in the table below.
Reasons
- The landlord attended the hearing on 14 May 2024. Further time was given after the hearing for evidence in support of the cleaning claim. As at the date of this order, no further photographs have been received.
- The landlord applied for outgoings, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for water?
- The tenancy ended on 15 November 2023. The landlord provided water invoices which prove the amount owing at the end of the tenancy.
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.
- The tenant did not remove all rubbish. The landlord’s photographs showed large items of furniture left behind. The rubbish removal invoice identified 5 cubic meters of rubbish.
- The landlord claimed $400.00 for cleaning. There were only a few photographs showing the inside of the property. The exit inspection report dated 16 November 2023 identified a need for cleaning in the lounge (windowsills and vacuum); both bedrooms (vacuuming); laundry (sink); kitchen (general clean); and the floor in the toilet. The only area shown in the photographs is either the laundry or the kitchen, but it is difficult to assess whether any part of the room was not reasonably clean. Given the lack of photographic evidence to show the reasonably clean standard was not met, I am unable to award cleaning costs. If the landlord wishes to have this issue looked at again a rehearing application could be brought if there is new evidence.
- The tenant did not return the keys. The locks had to be changed to secure the premises.
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.
- Where the premises are not insured, the tenant’s liability is limited to 4 weeks’ rent. The weekly rent was $590.00.
- There was damage to a wall in the living room during the tenancy. The tenant has paid part of the repair cost of $500.00 leaving a balance owed of $215.34. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing fee and suppression
- I award the filing fee and grant suppression as requested.