Published tribunal order
Tenancy Tribunal case 4813260 — Cleanliness at 1F Eversleigh Road, Belmont, Auckland 0622
Decided 11 Oct 2024 · Published 11 Oct 2024 · Application 4813260
Landlord favoured
- Cleanliness
Order
- Filipa Mundell and Simon Mundell to pay Ray White Remuera Property Management Limited As Agent For Blissful Balance Trust $1,606.78 from the bond, calculated as shown in table below.
- The Bond Centre is to pay the bond of $3,920.00 (5930576-005) immediately apportioned as follows: Ray White Remuera Property Management Limited As Agent For Blissful Balance Trust: $1,850.78 Filipa Mundell and Simon Mundell: $2,069.22
Reasons
- All parties attended the hearing remotely by phone. Mr Harvey represented the applicant.
- The landlord has applied for outstanding water rates , compensation, and reimbursement of the filing fee following the end of the tenancy. The tenants seek a refund of their bond.
How much is owed for water rates?
- The tenants accepted the amount of the water rates outstanding.
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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The tenants agreed for the applicants’ cleaners to carry out the work. However, the invoice is for carpet cleaning and a ‘$900’ claim for the clean. I agree with the tenants that this seems excessive. I accept, given the issue of fleas, that the carpets needed to be cleaned but the invoice simply stating $900 suggests about 16 hours of cleaning. I therefore make an order for what I deem is fair and reasonable that includes the carpet cleaning also.
- The landlord claims that a number of chattels were missing at the end of the tenancy including an outdoor cover for the furniture, soap dish and toilet brush holder, chopping board, fake plant, wine glasses, lamp, basket, scissor sand a troch. The amounts sought are simply the amounts the owner has suggested. There are no photos of the items and quotes for the value. The tenancy was for 18 months. I do not accept that in fact these items would need to be replaced over that period of time in any event and I am not satisfied that an award is appropriate. I therefore dismiss this part of the claim.
- However, the tenant did find a basket and will return that.
- The landlord claims $240 for two mats that were in the inside of an entrance way. They needed to be replaced due to a flea infestation, however taking into consideration the age and fair wear and tear I make an award to contribute to them. This is also the situation in relation to the lounge rug.
- The tenants accepted that they had a kitten at the end of the tenancy and that they allowed two neighbouring cats to enter the property so accepted responsibility for the flea treatment. However, I accept that they had an ant issue and some of the treatments used was for that also. I therefore reduce the amount of the claim to take into consideration the ant issue that was not as a result of the tenants actions.
- I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.