Published tribunal order
Tenancy Tribunal case 4815518 — Property damage at 51 Owhiti Street, Titahi Bay, Porirua 5022
Decided 17 Apr 2024 · Published 17 Apr 2024 · Application 4815518
Landlord favoured
- Property damage
- Cleanliness
Order
- Raiha Monehu Te Ariki Temo must pay Te Ahuru Mowai Limited Partnership $13,534.84 immediately, calculated as shown in table below.
- This order incorporates the Tribunal order made on 4 December 2023 under application 4675469.
Reasons
- The landlord attended the hearing. There was no appearance from the tenant however she had been served with the notice of hearing and the landlord had asked her to attend. Accordingly, the hearing proceeded in her absence.
- The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
- On 4 December 2023 the Tribunal made an order relating to this tenancy, for rent arrears to 19 November 2023. The previous order is incorporated into this order for enforcement purposes.
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 has established in evidence that the tenant did not leave the premises reasonably clean and tidy, did not remove all rubbish and did not return the keys. The photos show a property that was extremely filthy with rubbish and debris scattered everywhere. It had obviously been left like that for some time as the home was infested with pests and the lawns exceptionally overgrown.
- The tenant had been provided with a skip bin by the landlord but failed to use it. She had also been asked to remove her items and return the keys which she also failed to do. She subsequently signed a disposal order.
- As a result of the way the tenant has left the property the invoices claimed by the landlord are high. I have discussed them with the landlord and am satisfied that in the circumstances they are reasonable. The rubbish cost has only been charged at approximately a third of what it actually cost the landlord. I have reduced the garden invoice to take account of the tree the landlord removed at the same time which is a landlord responsibility.
- The tenant had also not returned the keys and as such both locks had to be replaced.
- The amounts ordered are proven in evidence and considered reasonable in the circumstances.
Is the tenant responsible for the damage to the premises?
- The landlord claims compensation for having to strip the vinyl flooring, reseal and polish it. This is because it was covered in filth that had worked its way into the top layer of the vinyl and could not be simply cleaned off.
- A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
- I am satisfied that this damage was caused intentionally by the tenant failing to clean and allowing it to get to the state it did. Accordingly, she is liable for this repair cost which is reasonable in the circumstances.
- 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.
- Because Te Ahuru Mowai Limited Partnership has wholly succeeded with the claim I must reimburse the filing fee.