Published tribunal order
Tenancy Tribunal case 4819198 — Cleanliness at 63 Poutakataka Road, Ngakuru, RD 1, Rotorua 3077
Decided 9 May 2024 · Published 9 May 2024 · Application 4819198
Mixed / unclear
- Cleanliness
Order
- Juanita Te Urutawera Brown is to pay Jacqueline Dawn Gatenby And Linda Marion Gatenby As Trustees For Jd Gatenby Family Trust $1,990.00 immediately, calculated as follows: DescriptionAmount Rent Arrears and Rent in Lieu of Notice$2,010.00 Missing Items$250.00 Cleaning Premises Interior$150.00 Cleaning Mattress$180.00 Total$2,590.00 Minus Bond-$600.00 Tenant to Pay Landlord$1,990.00
Reasons
- Both parties attended the hearing.
- The Landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 8 February 2024. The Tenants were $810.00 in arrears as at that date, on best evidence available to me.
- The landlord provided rent records, some of them conflicting, but I have worked of the start and end date of the tenancy, calculated the total rent that should have been paid, and deducted the payments which were made.
- The tenants did not give 28 days’ notice.
- The total rent arrears and rent owing in lieu of notice: $2,010.00
- The landlord had arranged for family to move into the premises, and they were not able to move in right away. I did not hear evidence on the market demand for premises of this kind, but I am satisfied that the Landlord could not have taken any meaningful steps to mitigate its loss.
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 tenant failed to leave the premises in a reasonably clean and tidy condition and did not remove all rubbish. Several items listed in the chattels were also missing, as follows: a. D-size batteries: $12.00 b. Cutlery (set of 4): $20.00 c. Dinner set (includes 4 of each piece): $18.00 d. Dishwashing liquid: $6.00 e. Pillow: $26.00 f. Mattress protector: $39.00 g. Sheets and pillowcases (set): $59.00 h. Purchasing a set is more cost-effective than individual items. i. Towels (two): $36.00 j. Four-point plug: $10.00
- The landlord provided photographs detailing the condition and items in the premises at the start of the tenancy, contrasted with images from when the tenant vacated, highlighting the discrepancies and damages. The landlord has provided evidence as to the cost of replacing the various missing items, proving its actual and reasonable loss.
- The tenant claimed to have returned certain items to the landlord or stored them in a garage. However, they failed to participate in a formal handover of the property, complicating the landlord's task of locating these items. The tenants admitted to breaking plates and soiling blankets, noting that managing these issues while caring for a child was challenging.
- Cleaning of the unit took 10 hours: $150.00
- I award $180.00 for cleaning the mattress, which would be the price a commercial cleaner would charge.
- I award $580.00 for cleaning and chattel replacement.
- The amounts ordered are proved.
- The Landlord has substantially succeeded, and the Tenant must reimburse its filing fee.