Published tribunal order
Tenancy Tribunal case 4818377 — Rent arrears at 25 Ogle Crescent, Kamo, Whangarei 0112
Decided 9 Dec 2024 · Published 9 Dec 2024 · Application 4818377
- Rent arrears
- Cleanliness
- Property damage
Order
- [The tenant/s] must pay Goode Leith Realty Limited T/A Ray White $2,818.06 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,920.00 (3314602-010) to Goode Leith Realty Limited T/A Ray White immediately.
Reasons
Background
- The tenancy began on 9 January 2021. Whangarei Property Rentals (“WPR”) was the property manager at that time.
- Ray White Whangarei took over management of the property in January 2024.
- The landlord gave notice to terminate the tenancy on the grounds that substantial repairs / renovation was going to be done.
- The landlord’s application sought rent arrears, and repairs totalling $41,766.85.
- The application was filed 23 February 2024. It was still a current tenancy at that time.
- The hearing was adjourned while the landlord worked through a complex insurance claim process.
- The hearing finally took place on 6 December 2024 in Whangarei. Both parties participated in the hearing. Ms Mirales represented the landlord. Rent arrears
- The landlord’s rent record shows rent arrears of $2,797.14. This is the date that the tenancy ended by notice.
- Mr Caskey said that he had not lived in the house in January 2024. He said that the landlord was aware that he was not living there.
- A tenancy can only be ended by a lawful notice of termination, or by the Tenancy Tribunal making an order for termination.
- The fact that Mr Caskey was not living at the property does not mean that the tenancy ended. The tenancy continued, and so did Mr Caskey’s obligation to pay rent, until the tenancy ended by notice.
- That did not happen until 24 March 2024.
- The amount of rent arrears to that date is proven. Cleaning, rubbish removal, locks
- At the end of a tenancy the tenant must remove all rubbish, return the keys, and leave the premises reasonably clean and tidy.
- Ms Mirales end of tenancy photographs show that the premises were not left reasonably clean and tidy and that there was rubbish left behind. The lawns were overgrown.
- Mr Caskey said that the premises were unclean, and the lawns were overgrown at the start of his tenancy.
- Mr Caskey could have brought an application to the Tenancy Tribunal if the premises were not provided to him in a reasonably clean and tidy condition in 2021. However, that does not remove his duty to return the premises in a reasonably clean and tidy condition at the end of the tenancy.
- Mr Caskey said that some of the rubbish shown in the landlord’s photographs was removed from the property.
- I accept Ms Mirales’ statement that the photographs were taken at the end of the tenancy.
- The claim seeks cleaning, rubbish removal, and lawn mowing / gardening costs. The hourly rate claimed by the landlord ($50/hr) is too high for rubbish removal and gardening work. I will award $690 for cleaning, $350 for rubbish removal, and $350 for gardening / mowing.
- The stove was in a very unclean state at the end of the tenancy. The landlord replaced the stove at a cost of $150.00. Ms Mirales estimated that the existing stove was about 10 years old. Mr Caskey has some liability for failing to return the stove in a reasonably clean and tidy state, but the stove was nearing the end of its useable life in any event. Having regard to these factors I will award $115.00 for the stove, which is 10% of the new replacement cost. Damage claim
- The landlord’s potentially very large damage claim was reduced to $5900, being the total of ten insurance excesses. The insurer applied a single excess to all of the repairs in each room.
- Most of the damage is to doors and walls.
- Mr Caskey said that: a. The property was in a run down and damaged state at the start of his tenancy. b. The property manager Mr Kennedy of WPR was open about the condition of the property and said that he was charging a reduced rent because of the damage.
- Ms Mirales said that she spoke with Mr Caskey’s partner, who apologised for the damage and said that Mr Caskey caused it.
- There is no entry inspection report and no inspection reports from the time that WPR managed the property. There is no record of the condition of the property until Ray White Whangarei took over management.
- In any claim for damage, the landlord has the burden of proof to establish that the damage occurred during the period of the tenancy.
- I am unable to give weight to what Ms Mirales says that she was told by Mr Caskey’s partner. That is hearsay evidence.
- The landlord has not proven that the damage occurred during the period of the tenancy. Therefore, this part of the claim must be dismissed. Filing fee, bond
- The landlord has been partially successful in their application and I will award the landlord the filing fee of $20.44.
- The bond will be released to the landlord.