Published tribunal order
Tenancy Tribunal case 4782539 — Property damage
Decided 17 Jul 2024 · Published 17 Jul 2024 · Application 4782539
- Property damage
Party names are redacted in the official published order.
Order
- [The tenant/s] owes [The landlord/s] $482.44 (“the debt”), calculated as shown in the table below:
- [The tenant/s] must pay the debt in order 2 at the rate of $30.00 per week.
- The first payment must be made on Thursday 20 June 2024 and payments must continue every Thursday until the debt is paid in full.
- If [The tenant/s] fail to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
- The landlord’s claim for the window glass replacement ($160.00) is waived by the landlord.
Reasons
- This matter was originally heard on 3 April 2024. It was adjourned to enable the parties an opportunity to present further evidence.
- A hearing by teleconference was reconvened today. The agent for the landlord attended. [The Tenant/s] attended for the tenants.
- The landlord has applied for compensation relating to a vacated debt balance of $622.04 following the end of the tenancy. This includes claims for cleaning, garden tidy up, rubbish removal and window glass replacement. In light of further evidence presented by the tenants, the landlord waived the claim for the window glass replacement ($160.00) reducing the total claim to $462.04.
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.
- While I accept some cleaning may have been done by the tenants prior to vacating the premises, the exit property inspection report and photographs presented by the landlord show that there were some areas missed or overlooked and were required to be addressed to bring it up to a “reasonably and clean” standard and the tenants did not remove all the rubbish.
- I note the tenants do not dispute that they had left some items at the premises, and they dispute the claim for cleaning, but they have not provided any further evidence to support their views.
- I find the landlord has proved its claim for compensation for cleaning, garden tidy up and rubbish removal. The amount ordered is proved.
- As the landlord has substantially succeeded with the claim, I consider it reasonable to order the tenants to reimburse the filing fee.
- This is essentially a consent order and therefore it is reasonable to grant suppression of the landlord and tenants’ names and identifying details.