Published tribunal order
Tenancy Tribunal case 4591969 — Cleanliness at Unit/Flat 3, 409 Gloucester Street, Linwood, Christchurch
Decided 21 Jul 2023 · Published 21 Jul 2023 · Application 4591969
Landlord favoured
- Cleanliness
- Rent arrears
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Honey Agarwal must pay Real Property Management Limited $963.98 immediately, calculated as shown in table below:
Reasons
- Both parties attended the hearing. Ms Staines represented the landlord.
- The parties previously attended mediation and agreed on the amount of rent arrears owing. The landlord has already received the bond.
- The landlord has applied for compensation and reimbursement of the filing fee following 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 (RTA). The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) RTA. The tenant must also replace standard light bulbs.
- The tenant employed a contractor to clean the premises and the carpet. The landlord had additional cleaning and carpet cleaning done.
- Claims for cleaning are not decided on the subjective opinion of either party. The Tribunal assesses the evidence produced objectively.
- The landlord provided photos and narrated invoices which show that the premises were not left reasonably clean, despite the cleaning done by the tenant’s contractor.
- The landlord’s carpet cleaning contractor has described the carpets as extremely dirty; they had to be treated with pre-spry and cleaned numerous times.
- I have allowed the claim for carpet cleaning in the full amount. But I have reduced the cleaning claim. Usually, landlords will have cleaning done to a standard that enables a new tenancy to begin.
- Tenants only have to leave the premises reasonably clean.
- I have awarded the landlord compensation for cleaning of $300.00.
- I have also allowed the landlord’s claim for rubbish removal, taking out the council bins and minor repairs. The matters completed are detailed in the contractor’s invoice and are beyond fair wear and tear.
- As the application is mostly successful, the tenant must pay the landlord’s Tribunal filing fee. Result
- The tenant must pay the landlord $963.98.