Published tribunal order
Tenancy Tribunal case 4836322 — Cleanliness at Unit/Flat 1301, 138 Anzac Avenue, Auckland Central,
Decided 19 Jul 2024 · Published 19 Jul 2024 · Application 4836322
- Cleanliness
Party names are redacted in the official published order.
Order
- Swee Lin Lee must pay [The tenant/s] $134.29 immediately, as set out in the table below.
Reasons
- Both parties attended the hearing by video.
- The tenant has applied for refund of the bond. The landlord has a claim against the bond, but has not filed a counterclaim with Tenancy Services.
- Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
- The tenant applied for compensation in relation to carpet cleaning. The tenancy agreement states that the tenant is to steam clean the carpet at the end of the tenancy. The tenant says that pressure was put on her to carry out the cleaning and provide a receipt to the Property Manager.
- Section 11 of the Residential Tenancies Act 1986 states that a tenancy agreement cannot be inconsistent with any of the provisions of the Act. Section 40(1)(iii) provides that the tenant shall on termination of the tenancy leave the premises in a reasonably clean and reasonably tidy condition.
- There is no provision in the Act stating that carpet must be commercially cleaned at the end of the tenancy. In addition, the tenant has provided evidence from the commercial carpet cleaning company stating that prior to the cleaning the carpet was reasonably clean.
- Given the evidence I award the tenant compensation for the cost of the commercial carpet cleaning being $113.85.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. For the same reason I also grant suppression of the tenant’s name as sought.