Published tribunal order
Tenancy Tribunal case 4924694 — Cleanliness at 3 Leighton Avenue, Waiwhetu, Lower Hutt 5010
Decided 13 Aug 2024 · Published 13 Aug 2024 · Application 4924694
Landlord favoured
- Cleanliness
- Property damage
Order
- Eden Maraena Trisha Te-Aroha Karena must pay Seddon Street Property Management Limited As Agent For Artiben Patel And Jaykumar Patel $4,220.89 immediately, calculated as shown in table below.
- This order incorporates the Tribunal order made on 16 May 2024 under application 4867340.
Reasons
- The landlord attended the hearing. After waiting a reasonable time to allow for lateness, I decided to proceed with the hearing in the tenant’s absence. I am satisfied that the notice of hearing was correctly served.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 16 May 2024. On 16 May Adjudicator Tam made an order for the arrears owing as at that date. There was an additional period after this which the landlord has claimed, however, the obligation to pay rent after 16 May 2024 was extinguished by Adjudicator Tam’s termination 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 house was grubby and unclean throughout, carpets were stained, walls, hard flooring, cupboards, drawers, and other surfaces were marked and stained. The level of the cleaning costs is high, but this is explained by the condition of the property. I also note that the landlord has not claimed for damage to walls, doors, and the oven, and that the tenant did not return the keys.
- The tenant left rubbish, whiteware and a large quantity of personal possessions in the tenancy. The amount of rubbish and other items left exceeded the capacity of a large skip, and a second invoice was the overflow from the skip and for items too large to be lifted by one person.
- The amounts ordered are proved.
- On 16 May 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 16 May 2024. The previous order (4867340) is incorporated into this order for enforcement purposes.