What was Tenancy Tribunal case 4834370 about?

The tribunal order states: The landlord’s claim is dismissed.

How much money was awarded in case 4834370?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4834370?

The primary dispute was Smoke alarms. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4834370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10706774-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4834370 about?

The tribunal order states: The landlord’s claim is dismissed.

How much money was awarded in case 4834370?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4834370?

The primary dispute was Smoke alarms. Related themes: Cleanliness.

Where can I read the official tribunal order for case 4834370?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10706774-Tribunal_Order_Redacted.pdf.

1837B East Coast Road, Stillwater, RD 4, Silverdale 0794 Tenancy Tribunal Case 4834370 — Smoke alarms

Tenantcheck Insights

Reasons

Both parties attended the hearing by teleconference.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

This was a fixed term tenancy not due to expire until 28 July 2024. The parties agreed to end the tenancy earlier provided the tenant paid rent until the date a new tenant was found. The tenant vacated the premises on 25 January 2024, but paid rent up to 31 January, as a new tenancy started on 1 February 2024.

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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord claims that the tenant did not leave the premises reasonably clean and tidy, and they seek $690 to cover general cleaning, carpet cleaning and replacing lightbulbs.

As noted above, the tenant vacated the premises on 25 January 2024 after cleaning the property. She produced a video taken just prior to vacating which she says proves that she left the property reasonably clean and tidy. She says that she asked the landlord to carry out an end of tenancy inspection with her present, but they did not respond to her request.

On 26 January, the landlord carried out an inspection and took photos of the premises. They then prepared a report including pre-tenancy photos and the photos taken on 26 January. They determined that the premises were not reasonably clean and tidy and arranged for contractors to carry out cleaning work before the next tenancy started on 1 February.

I am satisfied on the evidence, that the landlord did not advise the tenant about cleaning issues at the property discovered during their inspection on 26 January. Therefore, the tenant was not given an opportunity to address and rectify those issues before the tenancy officially ended on 31 January. Given that the tenancy was still current; the tenant paid rent up to 31 January; and, had requested a joint inspection to ensure that the landlord was satisfied with the condition of the premises and would release the bond, the landlord was obliged to notify the tenant of the outstanding issues and allow her to rectify them before the tenancy ended. They did not do so and incurred costs for cleaning while the tenancy was still on foot. Those costs may have been avoided had the tenant been told of the cleaning required and rectified matters.

The tenant was not told about the cleaning until after she sent the landlord an email on 12 February asking for refund of the bond. The landlord then advised her on 19 February about the cleaning costs.

I find that the landlord is not entitled to claim the cleaning costs for work discovered and not communicated to the tenant before the tenancy ended. In those circumstances, the landlord should have advised the tenant of any issues so that she had an opportunity to remedy then before the tenancy ended. In short, the landlord “jumped the gun” and passing the subsequent cleaning costs incurred onto the tenant would be unreasonable and unjustified. For those reasons, the claim is dismissed.

As the tenant has wholly succeeded in defending the claim, she is entitled to suppression of her name and identifying details.

Reasons

Both parties attended the hearing by teleconference.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

Did the tenant comply with their obligations at the end of the tenancy?

The landlord claims that the tenant did not leave the premises reasonably clean and tidy, and they seek $690 to cover general cleaning, carpet cleaning and replacing lightbulbs.

As the tenant has wholly succeeded in defending the claim, she is entitled to suppression of her name and identifying details.

Tenancy Tribunal case 4834370 — Smoke alarms at 1837B East Coast Road, Stillwater, RD 4, Silverdale 0794

At a glance

Tenancy Tribunal case 4834370 — Smoke alarms at 1837B East Coast Road, Stillwater, RD 4, Silverdale 0794

At a glance

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions