Published tribunal order
Tenancy Tribunal case 5199331 — Cleanliness
Decided 27 May 2025 · Published 27 May 2025 · Application 5199331
- Cleanliness
- Property damage
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 and the tenancy address.
- Tawake Matenga Whanau must pay [The landlord/s] $1,549.99 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $260.00 ([Bond number suppressed]) to [The landlord/s] immediately.
- All other claims are dismissed.
Reasons
- [The landlord’s representative], representing the landlord, attended the teleconference hearing. The phone number for the tenant, the last three digits being 640, was called twice. Both calls went to voice mail. As the tenant was served, the hearing proceeded in his absence.
- The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy. The landlord has also asked for a rent credit to the tenant remaining at the end of the tenancy to be applied towards any orders made against the tenant.
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 (“RTA”).
- The landlord said the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The landlord provided photographs of the condition of the property at the end of the tenancy. The photographs showed rubbish strewn throughout the property, including kitchen items left on the bench and in the kitchen cupboards, multiple rubbish items strewn throughout all rooms, including empty bottles, clothing and other rubbish. The landlord said they had to remove and dispose of several large items left outside the property, including an outside fridge, outside cabinet, armchair, sofa and windows left outside the property. The landlord further indicated that all the tenant’s remaining furniture and belongings inside the property also had to be removed and disposed of, including armchair, tables, cabinet, inside fridge and many other rubbish items. The landlord provided photographs of the rubbish left outside and inside the property.
- The landlord claimed $787.46 to remove and dispose of the interior rubbish, which they said came to 5 cubic metres of rubbish. The landlord claimed $305.69 to remove and dispose of the exterior rubbish outlined above, which included several large items and which came to 2 cubic metres of rubbish. The landlord provided invoices proving they paid these costs to remove and dispose of all the rubbish outside and inside the property. Given the evidence, I find these costs claimed by the landlord to remove and dispose of all the rubbish inside and outside of the property to be reasonable, especially as numerous very large items and a lot of smaller items, such as empty bottles, rubbish, bedding, clothing and other items were left by the tenant. Therefore, I award the landlord $787.46 to remove and dispose of the interior rubbish and $305.69 to remove and dispose of the exterior rubbish at the end of the tenancy.
- The landlord provided photographs of the condition of the property, which they said was not left reasonably clean and tidy. The photographs showed a lot of extremely dirty benches and cupboards in the kitchen, marks on walls, filthy carpets underneath piles of rubbish in most rooms, empty bottles in the lounge and elsewhere, piles of rubbish on the laundry/bathroom floor, which was also dirty. The photographs also showed a grubby bathroom vanity and a heavily stained toilet.
- The landlord said they were charged $57.50 to clean the kitchen cupboards alone and a separate charge of $494.30 for a major clean of the rest of the property. The landlord also claimed $115.00 to clean the oven separately.
- The landlord did not provide a photograph of the condition of the oven, only an invoice for what they were charged for this service. As such, I find the landlord has provided insufficient evidence to prove this claim and dismiss this claim for the oven clean.
- I find that, based on the landlord’s other photographs, the landlord has proved that the tenant did not leave the property reasonably clean and tidy. Given the level of cleaning required, from the photographs provided, I find the costs claimed by the landlord of $57.50 to clean the kitchen cupboards and of $494.30 for a major clean, to be reasonable and award these costs to the landlord for cleaning, for a total of $551.80.
- The landlord said the tenant did not return the keys. The landlord claimed $172.50 to replace the locks, which the landlord said was well below what they were charged for this service. The landlord provided an invoice in this regard. I find the cost of $172.50 to be reasonable to replace the locks and award this to the landlord for this cost.
- The amounts ordered are proved.
How much is the rent credit?
- The tenancy ended on 10 February 2025. The landlord provided rent records which prove the tenant’s rent was $34.46 in credit at the end of the tenancy. The landlord asked for this rent credit of the tenant’s to be applied towards any order made against the tenant, which I find is reasonable, given the evidence.
- Therefore, the tenant’s rent credit of $34.46 is to be applied towards this order. Refund of the bond
- The Bond Centre is to pay the bond of $260.00 ([Bond number suppressed]) to [The landlord/s] immediately. Filing fee
- Because [The landlord/s] has been successful with the claim I must reimburse the filing fee. Suppression
- The landlord requested name suppression at the hearing. As they have been successful with the claim, the landlord is entitled to name suppression. Therefore, I order that the landlord’s name and identifying details and the tenancy address are not to be published. See section 95A(1) RTA.