Published tribunal order
Tenancy Tribunal case 4958514 — Cleanliness at 25B Woodvale Grove, Fairfield, Lower Hutt 5011
Decided 5 Mar 2025 · Published 5 Mar 2025 · Application 4958514
Landlord favoured
- Cleanliness
- Rent arrears
- Property damage
Order
- Amy Bradley must pay Andrew Peter Joe $2,275.43 immediately, calculated as shown in table below. DescriptionLandlord Rent arrears to date of exit$82.85 Carpet cleaning, repairs and stain removal$1,002.76 Repairs to walls including painting at $30/hr$480.00 Paint and painting materials$183.22 Labour - Curtain rail, door handle, towel rail and smoke detector $150.00 Parts - Curtain rail, door handle, towel rail and smoke detector $119.60 Rubbish removal including tip fees$170.00 Oven cleaning$60.00 Other cleaning$0.00 Filing fee reimbursement$27.00 Total payable by Tenant to Landlord$2,275.43
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. His claim is for the tenant to pay $4,096.27. Rent arrears
- The landlord provided the calculation to prove the amount owing at the end of the tenancy.
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 evidence shows that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. There was significant staining to the carpets throughout the house and repairs necessary for a burn mark. The tenant is fortunate that the carpets could be cleaned. The landlord has provided invoices showing the charges from Collett Cleaning Limited, trading as Jae, over several days, to clean the carpets.
- The landlord has provided evidence to show the oven was not reasonable clean. I have allowed $60.00 for that cleaning.
- The landlord has claimed $600.00 for other cleaning but has not provided any evidence to assist the Tribunal. There are no photos or invoices to prove the claim. I am unable to order other cleaning charges. That does not mean that the premises was left reasonably clean by the tenant. It only means that that there was insufficient evidence for the landlord to prove the claim.
- The landlord has claimed $540.00 for rubbish removal including tip fees and truck hire. The tip fee is proved by an invoice. I am satisfied that some rubbish had to be removed such as a lounge suite and other small items that are in visible in photos. However the landlord has not provided photos of all rubbish he said had to be removed and the tenant disputes the claim. There is no invoice for the hire of a truck. I have allowed the tip fee and two hours labour and travel time at $25.00 per hour.
Is the tenant responsible for the damage to the premises?
- A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
- The following damage was caused during the tenancy.
- Walls were damaged and needed to be repair and repainted. The landlord has saved the tenant money by doing the work himself. The amount allowed for his labour is reduced from $60.00 to $30.00 per hour.
- A curtain rail, door handle, towel rail and smoke detector were damaged or removed during the tenancy. The landlord has provided invoices for replacement items. The labour compensation I have allowed to carry out these repairs, including time to purchase the items, is 6 hours at $25.00/hr.
- The damage referred to above is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. Filing Fee
- Because the landlord has been successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant.