Published tribunal order
Tenancy Tribunal case 4805477 — 14-day notice at 67 Union Street, Foxton 4814
Decided 11 Apr 2024 · Published 11 Apr 2024 · Application 4805477
Mixed / unclear
- 14-day notice
- Cleanliness
Order
- The tenancy at 67 Union Street Foxton is terminated and possession granted to Watson Real Estate Limited as Agent for Catherine and Edgar Geraghty and Caballero at 10am on Thursday 9 May 2024.
- Anton Vallii must pay Watson Real Estate Limited As Agent For Catherine And Edgar Geraghty And Caballero the sum of $20.44 immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations to keep the property reasonably clean and tidy.
Should the tenancy be terminated?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
- Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
- Under section 40(1)(c) of the Act, the tenant must keep the premises reasonably clean and tidy. In the present case, this obligation is repeated in clause 9 (g) of the tenancy agreement.
- Following an inspection on 23 January 2024, the landlord served a 14-day notice on the tenant on 26 January 2024. The notice listed the following items to be addressed: a. Broken trampoline in bottom garden b. Old car seats in front door area c. Lots of paper and plastic rubbish around the house and grounds d. Black bags of clothes blocking the way to the deck e. Rubbish in sand hole f. Stamp marks and children’s drawing on the walls g. Carpet smelling of cat urine h. Clean the bathroom and the toilet bowl.
- When the property managers visited on Monday 12 February 2024, the tenant had not remedied the breaches. A further 7 days was allowed, and the property managers visited again on 19 February. At that time the walls had been cleaned, and the carpet cleaned, reducing the smell of cat urine. Although the toilet had been cleaned the bathroom still required further cleaning. A skip bin had been ordered and the photographs show that it is full, but the broken trampoline, car seats, and rubbish remained on the grounds. The black plastic bags had been moved to an outside sofa.
- The tenant told the Tribunal that he has been struggling with the loss of his job, relationship break-up and trying to raise two small children. I accept that he has had a very difficult time and this has affected his ability to keep on top of things.
- The tenant said that he had removed the mat on the trampoline as a punishment for his children, to try and encourage them to be tidier. The old car seats are there so he can have smoke outside the house, and the bags of clothes are outside because he does not have sufficient storage. He had used a rug doctor on the carpet and the kittens are now gone. He had cleaned the bathroom and removed the children’s drawing/stamps on the walls.
- The landlord provided copies of inspection reports throughout the tenancy, including photographs as well as emails from the owner and a neighbour. There are a number of other concerns that are not covered by the notice to remedy. I have focused my decision on the matters that are in that notice.
- The neighbour’s description of the property is: All manner of stuff litters the front lawn. It is literally left where it is dropped giving the once well kept property the appearance of an abandoned waste site. It is frequently festooned with children’s toys (somewhat understandable), books, clothing, bicycles, blankets, food wrappers, cushions, lounge/dining room chairs, golf clubs, carboard boxes and a lawn mower which never seems to find its way off the front lawn into a garden shed.
- This description is consistent with the photographs presented in the inspection reports. I am satisfied that the tenant was in breach of his obligations under the tenancy agreement and the Act to keep the premises reasonably clean and tidy. The extent of items and rubbish on the grounds was considerable. There is no dispute that the tenant was given proper notice of inspections and so there was no reason for the property not to be clean and tidy inside and out.
- Based on the photographs of 12 February 2024, it appears that following the 14-day notice, no effort had been made to clean the bathroom or clear any of the debris outside the property. The photos show piles of rubbish, a mattress and other furniture strewn about.
- The property managers decided to allow the tenant a further opportunity to remedy the breaches. Over the next week a skip was hired and the photos taken on 19 February 2024 show a full skip, but piles of rubbish and furniture remain. The car seats are at the front entrance amid other items abandoned on the steps. Rubbish or discarded items are piled on and around a sofa on the deck. Rubbish remains in the sand pit and on other parts of the property. The frame of the trampoline, without the mat, also remains. Some cleaning of the bathroom had taken place, but it required a lot more cleaning to be done, including a dirty area behind the toilet.
- The only matter that was properly addressed was the removal of the stamps and drawings from the walls. The tenant had also made an effort to remove the smell from the carpet, and the landlord says that the smell has reduced, but still remains.
- I am satisfied that the tenant did not remedy the breaches.
- The next question is whether it would be “inequitable” to refuse to terminate the tenancy (see section 56).
- The landlord says that the owners are concerned about the state of their property. The tenant argues that no damage is being caused.
- However, the neighbour says that when the wind blows strong enough some of the lighter abandoned items on the tenant’s property are finding their way into neighbouring properties, spreading trash around the neighbourhood. Further, the neighbour says, “The now unkept front of No 67 with the legacy of litter lowers the general tone of the street at this juncture and will not help attract would be home buyers if any nearby properties were up for sale.”
- The extent of the rubbish, debris, furniture and other items on the property is considerable. The tenant was given a second chance to remedy it and has not done so. I have decided that it would be inequitable not to order termination and so the tenancy will be terminated.
- In order to give the tenant an opportunity to clean up the property and to find alternative accommodation I have allowed 28 days and so the tenancy is terminated and possession granted to the landlord on Thursday 9 May at 10am.
- Because Watson Real Estate Limited As Agent For Catherine And Edgar Geraghty And Caballero has wholly succeeded with the claim I must reimburse the filing fee.