Published tribunal order
Tenancy Tribunal case 4968614 — Rent arrears
Decided 17 Oct 2024 · Published 17 Oct 2024 · Application 4968614
- Rent arrears
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.
- The Bond Centre is to pay the bond of $2,880.00 ([Bond number suppressed]) to [The landlord/s] immediately.
- Leafa Maifala and Mika Taloaina Mulitalo must pay [The landlord/s] $3,115.29
Reasons
- The landlord’s agent attended the video hearing. Ms Maifala attended the hearing by phone. Mr Mulitalo did not attend. An attempt to call his last known mobile number went to voicemail.
- The landlord’s agent had applied for termination, rent arrears, refund of the bond, and reimbursement of the filing fee. Since the application was filed, the parties agreed to the tenancy ending on 1 October 2024. Ms Maifala states she moved out of the premises in mid-September following separation from her husband, Mr Mulitalo.
- At the hearing, the landlord’s agent applied to amend his application, withdrawing the application for an order for termination, and adding claims for outgoings (water rates), and compensation for cleaning and rubbish removal.
- Ms Maifala agreed to all matters being determined today.
How much is owed for rent and water rates?
- By agreement between the parties, the tenancy ended on 1 October 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
- Ms Maifala accepted both the amount owed in rent until 1 October 2024 and the amount owed for water rates for the period 2 July 2024 – 1 October 2024 was correct.
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 landlord’s agent says the tenants did not leave the premises reasonably clean and tidy and did not remove all rubbish. The agent says a couch was left, as well as rubbish in the garage and bottles in the house. The agent provided an invoice for $200 for rubbish removal. As for cleaning, the agent provided an invoice for $485 and says the oven and rangehood were dirty, windows were dusty, carpets needed cleaning and the bathroom required a “proper” clean.
- Ms Maifala says she went to Australia on 13 September 2024 and was not present in the last weeks of the tenancy. However, she accepts some rubbish was left behind, and confirmed she had previously agreed with the agent via email that he could dispose of those items (a couch, rubbish in the garage and some bottles in the house) and the tenants would reimburse that cost. As to cleaning, Ms Maifala submitted the amount charged is excessive and the tenants are only liable for bringing the property up to a reasonably clean standard, not to the level of a professional cleaner. Ms Maifala also gave evidence that the bathroom mould was present throughout the tenancy, and essentially, said that it was wear and tear.
- The cost of rubbish removal is accepted and I make an order for that amount.
- As to cleaning, I note no photographs were filed by the landlord’s agent ahead of the hearing to show the condition that the property was left in. During the hearing, the landlord’s agent indicated he was emailing photos to the registry, but at the conclusion of the hearing, and at the time of writing this decision, they have not been received by me. I note Ms Maifala has not had an opportunity to view the photos the landlord’s agent says he has filed by email.
- Given the landlord’s agent did not file any photos ahead of the hearing to show the cleanliness of the property at the end of the tenancy I find the landlord’s agent has not proven this claim. I also accept Ms Maifala’s submission that a tenant is not required to leave a property in the condition a professional clean would bring it to.
- I dismiss the claim for cleaning.
Should the tenants reimburse the landlord for the filing fee?
- Given the landlords have substantially succeeded with the claim the tenant must reimburse the filing fee.