Published tribunal order
Tenancy Tribunal case 5006130 — 14-day notice at 25 Harper Street, Gonville, Whanganui 4501
Decided 7 Jan 2025 · Published 7 Jan 2025 · Application 5006130
- 14-day notice
- Cleanliness
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the tenant’s name and identifying details.
- [The tenant/s] must pay Watson Real Estate Limited $27.00 being the filing fee on this application.
- The tenant must carry out the following work to the premises, which must be completed by the date of the next inspection, currently expected to be around 29 January 2025: a. mow the back lawn and trim edges; b. remove the rubbish shown in the photographs from the re-inspection undertaken on 11 September 2024; c. cleaning - Kitchen/Meals Flyspots on ceiling Window sills/ frames. Cupboard, benches and floors Main Bathroom Cobwebs. Shower linings Laundry Flyspots, marks and cobwebs and window sill and frame need wiping Bedroom 1 (front) Marks on wall, ceiling, windows, window frames and window sills Bedroom 2 (second right) Wall and window frames Bedroom 3 (straight ahead) Window frame.
- If the tenant fails to comply with Order 3 a. b. or c. above, then the landlord may undertake the work and charge the tenant the costs of this work up to: a. for the work in Order 2 a. - $46.00; b. for the work in Order 2 b. - $69.00; c. for the work in Order 2 c. - $379.50.
- These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Both parties attended the hearing which was held by teleconference. The hearing on 16 December 2024 was stood down to today, to allow evidence from the reinspection to be provided. Background
- A routine property inspection was carried out on 26 August 2024.
- The landlord advised the tenant that, “....overall we were happy with the presentation of the property, however we noticed some minor issues that we kindly request you resolve.”
- On 27 August 2024 a 14 day notice to remedy was given to the tenant, requiring that he remedy those issues, to do with cleaning, rubbish removal and lawnmowing. The issue with cleaning the carpets has been resolved.
- A re-inspection was carried out on 11 September 2024. The landlord was not satisfied that the claimed breaches had been rectified and on 25 September 2024 brought this application seeking termination of the tenancy for failure to comply with the 14 day notice and compensation for the cost of having that work commercially done.
- The landlord has provided quotes for completion of that work. Relevant Law
- Section 56 RTA allows the Tribunal to make an order terminating a tenancy where it is satisfied that: a. the tenant has breached his obligations; b. where (as here) the breach is capably of remedy, the landlord has given notice allowing at least 14 days for the breach to be remedied; c. the breach has not been remedied within the notice period; and d. the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy. Findings
- The evidence shows that to a relatively minor degree, the tenant breached his obligation under s.40(1)(c) to keep the premises reasonably clean and reasonably tidy. The landlord gave the required 14 day notice. The tenant made a significant effort to remedy the breach but had not done so fully within the period allowed in the notice.
- However, the breaches, and more importantly the consequences of the breaches for the landlord/ owner are minor and do not warrant ending the the tenancy. That application is declined.
- The matter is more appropriately dealt with by way of the above work Orders which are made by consent.
- Although the application for termination of the tenancy was not justified, the tenant was in breach of his obligations under the RTA so the filing fee should be refunded to the landlord.