Published tribunal order
Tenancy Tribunal case 4899103 — Rent arrears
Decided 18 Nov 2024 · Published 18 Nov 2024 · Application 4899103
- Rent arrears
- State of repair
- Cleanliness
- Exemplary damages
Party names are redacted in the official published order.
Order
- [The tenant/s] owes [The landlord/s] $674.28 in rent arrears. This is cancelled by an order that [The landlord/s] is ordered to pay the same amount in exemplary damages.
- The Bond Centre is to pay the bond of $2,360.00 ([Bond number suppressed]) to [The tenant/s] immediately.
Reasons
- The landlord attended the hearing. There was no appearance by the tenant.
- As the file records that both parties were sent notice of today’s hearing the hearing proceeded today by consideration of the evidence already filed by the tenant and the landlord’s evidence filed and given today.
- On 15 May 2024 the tenant completed a pre tenancy application to rent the premises. The premises are in a different town to where the tenant was living so she had only viewed it online.
- On 16 May 2024 the landlord completed screening of the tenant and offered her the tenancy. The landlord asked the tenant to take an early start date of 20 May 2024 so that the property would not be empty. A tenancy agreement was signed by the parties.
- The tenant paid a bond and one week’s rent.
- On 25 May 2024 the tenant arrived at the property and upon viewing the property with the property manager was unhappy with its condition. After some text communication with the owner, she gave notice to terminate the tenancy.
- The tenant has filed an application for bond refund and exemplary damages for failure by the landlord to provide the premises in a reasonably clean and tidy condition.
- The landlord has cross applied for rent to the end of the 28-day notice period to 22 June 2024. Tenant Claim
- [The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
- Under section 45, a landlord must provide the premises in a reasonable state of cleanliness and provide the premises in a reasonable state of repair having regard to the age and character of the premises.
- Breaching any of these obligations is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A) and Schedule 1A Residential Tenancies Act 1986.
- The tenant has filed photographs of the premises in particular of the bathroom vanity, the kitchen sink cupboard and window frames, showing in particular the bathroom and kitchen cupboards to be dirty and in a very poor state of repair.
- The landlord stated that the premises had been left in poor condition by previous tenants and he had done work to clean and repair. He stated that the bathroom vanity in the photographs provided by the tenant was a replacement vanity recently installed. When asked why it was in such poor condition, he responded that he had a second-hand vanity installed.
- Having considered the evidence I find on the balance of probabilities that the landlord breached the duty to provide the premises in a reasonable state of cleanliness and repair. In particular, the landlord intentionally installed an old, dirty, damaged vanity. I find they have committed an unlawful act.
- Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986. The effect of this unlawful act was to cause the tenant to be unhappy with the premises as a place to bring her children to live in and she chose to end the tenancy. It is in the public interest that landlords take seriously their obligation to provide reasonably clean, maintained premises for tenants. Having considered the circumstances of this case including the very short tenancy and no indication of any previous breach by this landlord I find it appropriate to order exemplary damages on the lower end of the scale to cancel out any rent outstanding by the tenant. Landlord claim
- The tenant gave 28 days’ notice to end the tenancy on 25 May 2024. The landlord seeks rent of $2275.00 to the end of the 28-day notice period. A rent summary was provided.
- The landlord advised today that a new tenancy commenced at the premises on 4 June 2024. Therefore, I find that the tenant is liable for rent to 3 June 2024 in the sum of $674.28. Bond
- As I have ordered that the landlord exemplary damages are to cancel any rent owed by the tenant, the full bond will be refunded to the tenant. Suppression/Filing Fee
- The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. Both parties have applied for suppression. Having considered the factors in this case the Tribunal grants suppression as sought.
- As both parties have had some success with their application, I make no order for reimbursement of either filing fee.