Published tribunal order
Tenancy Tribunal case 4884500 — Rent arrears at 139 Reynolds Street, Taita, Lower Hutt 5011
Decided 1 Oct 2024 · Published 1 Oct 2024 · Application 4884500
Landlord favoured
- Rent arrears
- Cleanliness
Order
- Damion Roberts must pay Oxygen.Co.Nz Limited and JJR Rentals 2020 Limited $992.94 immediately, calculated as shown in table below.
Reasons
- Both parties attended the hearing. Ms Pilcher represented the landlord.
- The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
- The tenant, Mr Roberts, accepts the amount of rent claimed but disputes the other claims.
Did the tenant comply with his obligations at the end of the tenancy?
- I am satisfied, on the evidence before me but in particular the photographs provided by the landlord, that Mr Roberts did not leave the premises reasonably clean at the end of the tenancy as required by section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- Mr Roberts also provided photographs taken at the end of the tenancy which he claims establishes that the premises were left reasonably clean. However, the photographs are taken from a distance whereas the landlord’s photographs are taken closer to the areas claimed to be left unclean (including the oven).
- Mr Roberts claims that the premises had a cockroach infestation at the tenancy commencement (the tenancy commenced on 4 October 2023). He said that he told the property manager for the tenancy approximately 6 weeks before the tenancy ended but nothing was done about the issue. Ms Pilcher disputes Mr Roberts’ evidence. She said that Mr Roberts only told her about the problem approximately two weeks before the tenancy ended.
- I am not satisfied that Mr Roberts has provided sufficient evidence to establish that the premises had a cockroach problem at the commencement of the tenancy. I find that it is more likely than not that the problem arose during Mr Roberts’ tenancy, and he did not take adequate steps to prevent or remove the infestation. I therefore find him liable for the cost to complete the eradication treatment.
- The costs claimed have been established by the production of invoices.
- The landlord has been successful in its claims and is therefore entitled to payment of the Tribunal application fee.