Published tribunal order
Tenancy Tribunal case 4871701 — Rent arrears at 32 Murphys Road, Halswell, Christchurch 8025
Decided 11 Jun 2024 · Published 11 Jun 2024 · Application 4871701
- Rent arrears
- Cleanliness
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- Aidan Quinn is to pay [The landlord/s] $2,080.00 from the bond, for rent arrears to 6 March 2024 ($1,770.00) and cleaning and rubbish removal ($310.00).
- The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- The landlord attended the hearing by telephone.
- The tenant did not attend the hearing, despite being properly served with the application and hearing notice. The hearing proceeded in his absence.
- The landlord has applied for rent arrears, compensation, and refund of the bond.
How much is owed for rent?
- The tenancy commenced on 31 January 2020. The tenancy ended on 6 March 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy as $1,770.00.
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 and remove all rubbish. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The Residential Tenancies Act 1986 (RTA) requires that the landlord provide the premises to the tenant at the start of the tenancy in a reasonable state of cleanliness (section 45(1)(a)), and there is an equivalent obligation on the tenant to return the premises at the end of the tenancy: ...in a reasonably clean and reasonably tidy condition and remove or arrange for the removal from the premises of all rubbish.
- The RTA does not require the premises to be returned in an immaculate condition, only in a reasonably clean and tidy state. There is no scientific way to determine what is ‘reasonably’ clean and tidy, what is required is for the Tribunal to evaluate the evidence available (particularly photographs presented), and then to determine whether the premises would be reasonably clean. The Tribunal will also take into account factors such as the length of the tenancy, and the general condition of the premises (for example, surfaces that are new and in a good condition will be easier to clean than older and worn surfaces, particular with paint work).
- The onus for establishing the claim, sits with the person making it. If the landlord is seeking to recover costs for cleaning and rubbish removal, it is the landlord who must prove that the tenant has breached their obligations under the RTA with how the premises were returned at the end of the tenancy. If the landlord does not establish a breach to the balance of probability, then their claim will be dismissed.
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord gave evidence at the hearing that rubbish removal and some spot cleaning was required and provided an invoice to support this claim.
- The amounts ordered are proved
- Because the landlord has sought to limit their claim to the amount of the bond, I have not awarded the filing fee.
- The landlord requested name suppression. As the application is wholly successful the Tribunal must order suppression. (s95A(1).