Published tribunal order
Tenancy Tribunal case 4846680 — Cleanliness at 10 Spier Street, Aramoho, Whanganui 4500
Decided 21 May 2024 · Published 21 May 2024 · Application 4846680
Mixed / unclear
- Cleanliness
Order
- Dave Jay Butcher must pay Carina Joy Hood the sum of $443.71 immediately, representing $423.27 to relay the carpet plus the filing fee of $20.44.
Reasons
- Both parties attended the hearing.
- The landlord is seeking $423.27 for relaying carpet that the tenant has lifted. She also wants the tenant to tidy the grounds.
- The parties agree that the carpet smelt. It was agreed at the start of the tenancy in July 2023 that the carpet needed cleaning, which the tenant attended to.
- In November when the landlord conducted an inspection, she noted that the carpet still smelt and she told the tenant she would look into having the underlay replaced.
- The landlord made enquiries about having the underlay replaced and on 20 February 2024 notified the tenant that a firm would be visiting.
- In the meantime, in March 2024, the tenant uplifted the carpet.
- The landlord then made arrangements for the carpet to be relaid but the tenant would not allow the tradesmen in because he did not want smelly carpet to be relaid. The landlord said that the relaying included new underlay.
- The landlord had contracted to have the underlay replaced and the carpet relaid. She produced an invoice dated 22 April 2024 for the installation of new underlay which she has paid.
- The landlord also wants the grounds to be tidied, but the tenant says they were messy when he moved in.
- The tenant also says that he will be moving out in a month’s time and so everything can wait until then.
- At the hearing I indicated that the landlord’s claims would be dismissed, because the carpet and new underlay have not been relaid. In fact, she has incurred a loss of $423.27 for the carpet relaying, even though it has not taken place. She has already paid the supplier. It was not reasonable for the tenant to refuse access and so he must pay the cost of relaying the carpet.
- Because the landlord has had some success, I have reimbursed the filing fee of $20.44.
- The parties were reminded that if either party feels their rights are being breached, there are mechanisms under the Residential Tenancies Act 1986 for redress. For example, the tenant may issue a 14-day notice to the landlord to fix any items. He may not take the law into his own hands.
- Similarly, the landlord should give appropriate notice of work to be done or of any issues that she requires the tenant to attend to.
- The parties are urged to consult with Tenancy Services and follow the processes set out under the Residential Tenancies Act 1986.