Published tribunal order
Tenancy Tribunal case 4896500 — Cleanliness at Unit/Flat 20, 250 Gloucester Street, Christchurch Central,
Decided 25 Jul 2024 · Published 25 Jul 2024 · Application 4896500
Landlord favoured
- Cleanliness
- Property damage
Order
- Brandon Jones must pay Otautahi Community Housing Trust $1,009.44 immediately, calculated as shown in table below. DescriptionLandlord Cleaning$575.00 Rubbish removal$230.00 Lock/key replacement$172.50 Repairs: Holes$287.50 Filing fee reimbursement$20.44 Total award$1,285.44 Bond (already paid to landlord)$276.00 Total payable by Tenant to Landlord$1,009.44
Reasons
- The landlord attended the hearing. The tenant did not attend but advised the call centre that he would not be at the hearing.
- 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.
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish. The tenant did not return the keys.
- The landlord provided photographs and oral evidence of the condition of the property at the end of the tenancy. It also provided evidence of the costs incurred.
- The amounts ordered are proved.
Is the tenant responsible for the damage to the premises?
- 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.
- The following damage was caused during the tenancy: holes in walls and doors. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The landlord provided photographs and evidence of repair costs. The amounts ordered are proved.
- As the landlord was the successful party, I have awarded reimbursement of the Tribunal application fee.