Published tribunal order
Tenancy Tribunal case 4945876 — Cleanliness at 19 Keirunga Road, Havelock North, Havelock North 4130
Decided 31 Oct 2024 · Published 31 Oct 2024 · Application 4945876
Landlord favoured
- Cleanliness
Order
- Matthew Charles Oliver must pay Stuart Family Trust (Trustees: David Peter Oliver And Jennifer Mary Oliver) $10,143.94 immediately, calculated as shown in table below.
Reasons
- Only the applicant landlords attended the hearing. Matthew Oliver did not attend. He was personally served with notice of the hearing and full particulars of the claims against him, so the hearing proceeded in his absence.
- The landlord has applied for 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 12/4/2024 when Mr Oliver was evicted from the property. The landlord confirmed that Mr Oliver has paid all rent and the eviction costs, so no orders are made.
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 is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The amounts ordered are very high but take account of the enormous clean up that was required. The landlord did not claim for cleaning carpets and the oven and stove as these items were so filthy they were disposed of. No claim for replacement costs was requested.
- In awarding the full amounts claimed for both invoices the landlord have paid I have also considered the landlords evidence that both trustees Mr and Mrs Oliver themselves spent more than a full week assisting with the clean up and are not invoicing for those costs. They are also storing items that belonged to Mr Oliver, that they considered have some value, at no cost.
- The amounts ordered take account of the money received for the washing machine and drier that belonged to the landlords, all income from scrap metal recycling and the money the car wreckers paid for the two cars towed from the property is also accounted for.
- I have allowed $75 for flea control and tending to Mr Oliver’s cat that was left at the property. That is the short term cost of flea treatment and half the amount claimed as it takes account of the landlord’s obligation to mitigate.
- The tenant did not return the keys.
- The amounts ordered are proved.
- The application is successful, so the tenant is to pay the filing fee.