Tenant Ordered to Pay Rent Arrears and Cleaning Costs

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[2025] NZTT 5151371

TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU

APPLICANT: [redacted] Trustees for [COMPANY]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/Flat G1, [ADDRESS], [POSTCODE], URBA

ORDER

1. [NAME] must pay [COMPANY] and [NAME] as Trustees for [COMPANY] $3,688.77 immediately, calculated as shown in the table below.

Description Landlord Tenant Rent arrears to 11 February 2025 $2,857.14 Water Electricity and data

$80.41 $448.22

Carpet Cleaning $276.00 Filing fee reimbursement $27.00 Total award $3,688.77 Total payable by Tenant to Landlord $3,688.77

Reasons:

1. Both parties attended the hearing. The landlord was represented by [NAME].

2. The tenant had requested that the hearing be adjourned for health reasons. The request was declined but the tenant was given leave to appear by teleconference, which she did.

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3. The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.

4. On the morning of the hearing the tenant filed a statement which contained allegations that the landlord had breached her obligations and committed unlawful acts. The landlord had not received that statement before the hearing.

5. The possibility was discussed of hearing the tenant’s claims, so that all issues between the parties could be determined today. The tenant wants to bring further evidence in support of her claims. The landlord is entitled to better opportunity to consider and respond to the tenant’s claims.

Accordingly, the tenant will need to follow the usual course and file an application in respect of those claims, which will be determined separately. There is no reason for the landlord’s claims not to be heard and determined today.

How much is owed for rent and utilities.

6. The parties entered into a fixed term tenancy for a term from 14 December 2024 to 13 December 2025.

7. There is a dispute about how the tenancy was ended. However, it is clear that the tenancy has in fact come to an end. Other tenants moved into the premises on 13 February 2025.

8. The landlord claims rent to the day the tenant vacated. Without prejudice to any other claims the tenant might want to bring, she is obliged to pay rent at least while she was occupying the premises.

9. The landlord’s evidence is that the tenant vacated on 12 February 2025. The tenant says she believes she left a couple of days earlier, on 10 February, a day after she says she was assaulted by the landlord. The tenant has provided a police complaint form in respect of that incident, dated 9 February 2025.

10. The landlord’s recollection is to some degree corroborated by a photograph forwarded on to the landlord on 12 February showing a van parked outside the premises with the message, “She’s moving out”. I find that to be the best evidence of the date the tenant vacated. Clearly though, the tenant did not have use of the premises for the whole of that day. The landlord had carpet cleaners working in the premises on the 12th. I find that the tenant should pay rent to 11 February 2025.

11. The landlord has provided water invoices from the [NAME] for periods during the tenancy. Those invoices include fixed daily supply charges which the landlord is not entitled to recover from the tenant (see s.39 RTA). The tenant accepts that she is responsible for the consumption charges recorded in those invoices.

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12. Though not her usual practice, [NAME] opened a [NAME] account for the supply of electricity and data to the premises. The tenant accepts that she is liable for those charges as shown by the invoices provided.

Did the tenant comply with their obligations at the end of the tenancy?

13. 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.

14. The agreement provides that, “the number of pets is – 2 small dogs” and “carpets to be cleaned at the end of the tenancy. Any damage caused by dogs to be rectified prior to the end of the tenancy.” The agreement also records that “Carpet was cleaned twice and large stains removed prior to tenancy. Some small stains remain”.

15. The landlord says that when she came to the premises to do an inspection, which she was not able to carry out, there was a noticeable smell of pet urine. She says that odour remained at the end of the tenancy so she had to urgently get the carpets commercially cleaned so the new tenants could move in.

16. The tenant says that there were existing odours when she moved in and she was not there long enough for her dogs to have caused the need for the carpets to be cleaned.

17. A tenant’s obligation is to keep the premises reasonably clean and tidy and return the premises to the landlord in that condition. A provision in a tenancy agreement putting a greater obligation on the tenant, is not enforceable (see s.11 RTA).

18. The landlord’s evidence is that the odours present at the start of the tenancy were found to be from some meat that had inadvertently been left for the prior tenant. With that evidence and particularly having regard to the landlord’s direct evidence that there were pet odours represent at the end of the tenancy that needed to be removed before a new tenancy could start, I find it proved on balance that the premises were not left by the tenant in a reasonable condition. She should compensate the landlord fort the cost of having the carpets commercially cleaned. That cost is proved by the invoice provided.

19. Because the landlord has substantially succeeded with the claim I must reimburse the filing fee.

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20. The tenant seeks suppression but as the landlord’s claims have largely been proven, the grounds in s.95A are not satisfied.

[NAME]

17 March 2025

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: