Published tribunal order
Tenancy Tribunal case 5079808 — Cleanliness at 14 Anzac Road, Morningside, Whangarei 0110
Decided 24 Mar 2025 · Published 24 Mar 2025 · Application 5079808
Landlord favoured
- Cleanliness
- Property damage
Order
- Zia-Sierra Ameanah Sabrinah Brooklyne Monroe must pay Kāinga Ora–Homes And Communities $2,433.28 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the hearing which was held by teleconference on 13 March 2025. The Tribunal was unable to contact the tenant on the contact number provided. I was satisfied that adequate service of the hearing notice had been completed and deemed it reasonable to proceed in the tenant’s absence.
- The landlord has applied for compensation 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 (“RTA”).
- 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 landlord proved on the evidence that the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The landlord also proved the damage ordered above was caused during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The landlord relied on the rent and damage statements, vacated property condition report and photographs and vacated scope charges.
- The amounts ordered are proved.
- I have taken into account betterment and depreciation, which do not apply here.