Published tribunal order
Tenancy Tribunal case 5152251 — Cleanliness
Decided 1 May 2025 · Published 1 May 2025 · Application 5152251
- 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 both the Tenant and the Landlord’s name and identifying details.
- [The tenant/s] $89.10 from the bond money received, calculated as shown in table below.
Reasons
- Both parties attended the hearing. An interpreter also attended the hearing.
- The tenancy was a short term fixed tenancy from 11 October 2024 to 8 January 2025.
- The bond was $1,360.00. The tenant signed a bond refund form at the end of the tenancy which set out that $235.75 was to be retained by the landlord and the remaining $1,124.25 was to be paid to the tenant. Soon after signing the bond refund form the tenant filed his Tenancy Tribunal application seeking a refund of the bond money paid to the landlord.
- The landlord filed a cross application and clarified at the hearing that its claim was effectively a defence of the tenant’s claim and is for the same monetary amount as the tenant’s claim for compensation for missing chattels and cleaning. The landlord understood the tenant had agreed to the amount paid to the landlord. Was there an agreement about payment of the bond? If so is the agreement binding?
- After considering what both parties’ submissions and evidence I find that the tenant signed the bond refund form so that he could have the balance of the bond paid to him as soon as possible. I am satisfied that prior to signing the bond refund form the tenant raised with the landlord that he did not agree with the deduction of $235.75 from the bond, but needed his bond money to pay bond for his next tenancy. The tenant understood from his discussions with the landlord that the only way he could access any payment of the bond in a reasonable time frame was to sign the bond refund form.
- The landlord acknowledges she understood it was an option for the tenant to receive the undisputed portion of the bond and for the disputed portion of the bond to be determined as a result of a Tenancy Tribunal hearing or mediation. The landlord believed the tenant would not understand this option, or be confused, as English is his second language.
- Section 22B(1) of the Residential Tenancies Act 1986 (RTA) provides that if there is any dispute between the parties as to payment of the bond either party may apply to the Tribunal for an order determining to whom the bond is to be paid. Any agreement a tenant enters into which reduces or waives the tenant’s rights under the RTA is considered to be of no effect (section 11 (3), RTA).
- For the above reasons I find that event though the tenant signed the bond refund form he is entitled to dispute the bond paid to the landlord. I now go on to consider the claims.
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), RTA.
- The tenant did not leave the premises reasonably clean and tidy in that there was a strong smell in the fridge that required cleaning. The landlord clarified the claim for cleaning the fridge was for $14.60 for labour ($10+gst) and baking soda ($2.70 +gst). The tenant accepts liability for the claim.
- The premises was fully furnished. The following chattels were missing at the end of the tenancy: a dinner plate, a tumbler and a a mattress protector. The tenant has accepted liability the cost of these of these items ($34.50).
- The landlord claims a rubbish bin in the kitchen was damaged in that the foot pedal no longer worked and was broken. The tenant denies they broke the bin and states it was in the same condition as when the tenancy started. He said he and his wife did not use the bin during their tenancy. The landlord has not provided a copy of the pre-tenancy inspection report or a photograph of the bin at the end of the tenancy. I find the landlord has not proven its claim and dismiss this part of the landlord’s application.
- The tenant’s main dispute is that the landlord has charged $100.00 + gst for labour and $40.00 +gst (total $161.00) for travel for replacing the chattels and carrying out the cleaning. As set out above the tenant accepts $10.00 +gst ($11.50) labour for cleaning the fridge therefore the amount in dispute is $149.50.
- The landlord has said she needed to source the chattels, and in doing so went to 2 stores with no success to purchase the mattress protector before ordering it online and then traveling to collect it; had to make a specific trip to the premises to check under the bed for the mattress protector; and made a separate trip to clean the fridge.
- While I accept landlords incur costs in finding and replacing items such as are being claim here, I do not accept that the costs claimed by the landlord are reasonable. A landlord or tenant is expected to take all reasonable steps to limit loss that arises from a breach by the other party to the tenancy. This is a fundamental principle in all damages suffered when a contract is breached and is specifically set out as a requirement under the RTA in section 49.
- Any compensation awarded for a breach must be reasonable considering a number of factors including the nature of the breach. I find in a situation like this, where the items being replaced have a lesser value, the landlord would make as many purchases online as possible and either have them couriered or collect them all in one trip. It would be expected that the landlord, especially a property manager, would carry out the type of remedial work needed here in conjunction with other work and when they were in the area. Accordingly I find a total labour and travel cost of $40.00 inc gst is reasonable. This takes into consideration that no costs are awarded in relation to the rubbish bin.
- Therefore the landlord is entitled to $89.10 from the bond, consisting of: Fridge cleaning$14.60 Replacement of chattels $34.50 Labour/travel$40.00
- The tenant is entitled to the remainder of the bond money paid to the landlord. Other matters
- Both parties have been partly successful in their claim and both parties are entitled to reimbursement of their filing fee.
- I suppress both parties’ names and the address of the tenancy. Both parties have been success in their claims and there is no public interest in publishing these details.