Tribunal Awards Cleaning Costs But Rejects Curtain Claims

__________________________________________________________________________________ 5020088 1

[2025] NZTT 5020088, 5204211

TENANCY TRIBUNAL AT PAPAKURA | TE TARAIPIUNARA RETIHANGA KI PAPAKURA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. The Bond Centre is to pay the bond of $2,160.00 (6166789-002) immediately apportioned as follows:

[COMPANY] trading as [COMPANY] as Agent for [NAME]:

$1,240.35

[NAME]: $919.65

Description Landlord Tenant Cleaning and carpet cleaning $300.00 Reinstate curtain rails $166.75 Lock/key replacement $638.55 Rubbish removal (garden waste) $501.29 Light bulbs/batteries $33.76 Failure to maintain oven $400.00 Total award $1,640.35 $400.00 Net award $1,240.35 Bond $1,240.35 $919.65

__________________________________________________________________________________ 5020088 2

Reasons:

1. Both parties attended the hearing on 14 May 2025.

2. On 30 September 2024 the landlord applied for cleaning, lock replacement, gardening costs, lightbulb replacement, and refund of the bond.

3. On 19 March 2025 the tenant applied for compensation for failure to maintain and breach of the [COMPANY].

Background

4. The parties signed a residential tenancy agreement for a periodic tenancy from 1 May 2020. The initial weekly rent was $540.00.

5. The tenancy ended on 9 April 2024 pursuant to a 63 days’ notice to vacate. The reason given in the termination notice was that the [NAME] wanted to move back into the premises. The vacate date was subsequently extended to 26 April 2024 by agreement.

Landlord’s Application

Cleaning and Carpet Cleaning

6. The landlord claimed $500.00 for cleaning ($290.00) and carpet cleaning ($210.00). The landlord said there was a strong odour caused by smoking.

7. The tenant’s son was smoking inside the property for a period of 3 months. The tenant said the main odour in the house was mould. Before vacating she spent 5 hours cleaning with friends and used an industrial carpet cleaner. The tenant acknowledged that there were several stains in the carpet that could not be removed.

8. The premises were reasonably clean at the entry inspection on 24 March 2020. An interim inspection report dated 10 May 2023 referred to some bathroom ceiling mould. The “pre-exit” report dated 9 February 2024 does show some carpet and window stains and the oven needed cleaning. There is some bathroom ceiling mould visible in the photographs. There were similar findings in the final inspection report dated 26/27 April 2024. It was noted that the fireplace had not been cleaned out. There was visible mould in the bathroom.

9. The tenant was told the oven was going to be replaced so she thought it didn’t need to be cleaned. However, I consider the tenant had an obligation to leave the premises in a reasonably clean condition whether the cooker was to be replaced or not.

10. While the fireplace needed to be cleaned out at the end of the tenancy, I cannot ascertain its condition in the 24 March 2020 inspection report. The fireplace is not

__________________________________________________________________________________ 5020088 3

mentioned in the cleaning invoice. I decline to award cleaning costs for the fireplace.

11. I award the carpet cleaning and $90.00 for general cleaning (1 hour for the oven, 1 hour for windows and vacuuming, and 1 hour for the ceiling mould at $30.00 per hour) a total award of $300.00.

Curtain Cleaning and Replacement Net Curtains

12. The landlord claimed $313.95 for the cost of cleaning curtains and for replacement net curtains.

13. The tenant said the curtains were mouldy at the start of the tenancy. A [COMPANY] removed the curtains and tracks in July 2023 and installed insulated curtains. The original curtains were taken down, rolled up and placed in a black rubbish bag.

14. The tenant said she offered to sell her curtains prior to her vacate date but receiving no reply, the landlord’s curtains and tracks were left at the premises and she took her new curtains and rails with her. I consider that the tenant was entitled to install new curtains and to take them with her when she vacated.

15. The landlord said the curtains had been stored incorrectly and were mouldy. The curtains also needed cleaning because the tenant had allowed smoking inside the property. The landlord’s opinion was that the curtains had been allowed to get mouldy by not adequately ventilating the premises.

16. There is limited evidence about the condition of the curtains at the start of the tenancy. There are some photographs of curtains in the 24 March 2020 entry report. The curtains look clean, although I note the tenancy did not start until 1 May 2020 due to Covid. It is likely the premises were left empty for that period. The tenant provided a couple of photographs of yellow curtains showing some mould, and of the net curtains after these had been taken down.

17. Overall, it is unclear whether the curtains were reasonably clean at the start of the tenancy, whether the tenant stored them appropriately, and whether they needed cleaning afterwards. I decline to award this cleaning cost.

18. The landlord claimed $177.00 for replacement net curtains. The landlord said 4 sets were missing. The tenant said she left the nets with the curtains. Again, it is unclear what happened to the net curtains, and I decline to award compensation.

19. The tenant said she left the original curtain rails, tracks, and hooks behind. The landlord claimed $166.75 for having to reinstate the rails and said they also needed to be wiped clean. The basis for this claim was that the tenant allowed the community trust to install new curtains without the landlord’s permission.

__________________________________________________________________________________ 5020088 4

20. I view the installation of thermal curtains as a “minor change”. The landlord would not have been able to refuse permission for this change if it had been sought (section 42B of the Residential Tenancies Act 1986 (the Act)). The tenant did, however, have an obligation to return the premises to substantially the same condition. I find the tenant liable for the cost of reinstatement of the curtain rails ($166.75).

Locks

21. The landlord claimed $638.55 for replacement locks. According to the landlord, 7 different keys were supplied. There were 3 keys for the deadbolt on the front door, a key for the backdoor, 2 keys for the front door, and a key for the side-door to the lounge. Four locks did not have keys returned – the front door deadbolt and mortice, the side-door to the lounge, and the mortice lock for the back door.

22. The tenant said 2 keys were returned and there was no key for the sliding door in the lounge. She also said that only 2 mortice locks were replaced, and not 3 as charged by the landlord. The tenant said she had been given 6 keys.

23. The tenant provided a photograph of the keys she was given. These were 2 front door a back door and lounge door keys (4 in total). The tenant advised the landlord on 26 April 2024 that she had left 2 keys for the front door, the back door key had been lost, and the key to the side door only worked for one summer and then would not open.

24. The tenant’s obligation at the end of the tenancy was to return all the keys. This did not happen because only 2 keys were returned. Although the tenant said she did not have a key for the side door (a point she made in an email dated 8 May 2024) her text message of 26 April 2024 seems to contradict that. I am satisfied that all the locks needed to be changed because each lock had a missing key.

Garden Waste

25. The landlord claimed $501.29 for the collection and disposal of garden waste, including trailer hire and tip fees.

26. The tenancy agreement provided that the tenant would keep the grounds and garden tidy and remove any garden waste and rubbish. The relevant clause provided that if the tenant failed to keep the property in reasonable condition the landlord could employ a professional gardener – the condition of the grounds at the start of the tenancy being indicative of “reasonable condition”.

27. The tenant said the trees needed a prune at the start of the tenancy and no maintenance to the trees, gutters, or drains was performed by the landlord. For most of the tenancy she did her best to maintain the garden and knew someone who would remove the garden waste for free. They were unable to remove the

__________________________________________________________________________________ 5020088 5

final bag of rubbish, which the landlord said needed two people to lift onto the trailer.

28. The available evidence supports the tenant’s view that she maintained the gardens in a reasonable condition for most of the tenancy. The process of moving out after 4 years may have contributed to difficulties keeping on top of things.

29. The landlord’s photographs showed a trailer load of garden waste removed from the premises. The lawns needed mowing. Garden waste had been piled up in the garden beds. There was a full plastic rubbish bag in the garden and a car battery was left behind. Garden waste was found behind the shed.

30. The landlord’s ingoing photographs do not show pristine grounds. The lawns look in need of mowing and line trimming. A hedge around the carport looks overgrown, and indeed the tenant mentioned that she had to cut this back. A hedge down the side of the property needed trimming.

31. I accept that there was garden waste and organic rubbish (garden and food waste) at the end of the tenancy which had not been removed by the tenant, as well as a few inorganic items (a car battery and wooden frame). There were two trailer loads taken to the tip. The amounts claimed by the landlord do not seem to include lawn mowing or hedge/tree trimming, which I would not have awarded. I award the amounts claimed for garden waste removal.

Light Bulbs

32. The landlord claimed $72.76 to replace missing light bulbs in the bathroom. The tenancy agreement provided that the tenant was responsible for replacing light bulbs. I award the cost of the bulbs ($33.76).

33. I decline to award $39.00 for labour to purchase replacement bulbs and to fit them. I consider that the time involved is part of the landlord’s overheads, or general cost of doing business, and installing the new bulbs would likely have been relatively straightforward.

Outgoings

34. I record that the tenant is paying $25.00 per week towards an outstanding water invoice for $427.43.

Tenant’s Application

Faulty Cooker and Electricals

35. The tenant said she had to use a portable cooker for the last 4 months of the tenancy, with no action to repair (at the hearing the tenant seemed to indicate this

__________________________________________________________________________________ 5020088 6

was a problem for about 6 weeks). The landlord said the [NAME] declined to replace the oven prior to the end of the tenancy. He did not dispute that there was a fault.

36. The tenant said there were electrical issues throughout the tenancy. There were constant problems with the stove, waste-master, lights, and hot water.

37. The tenant raised an issue about the stove elements on 17 November 2020. On 13 May 2023 she advised that none of the elements were working. A work order for repairs to the oven was issued dated 8 August 2023. This also referred to repairs to the stove top performed in May 2023, when the elements had stopped working (an inspection report dated 16 May 2023 also noted that the cooker had been fixed).

38. The tenant reported a blown fuse on 30 July 2023. The fridge, oven, and power points were not working. The landlord issued a work order the next day, which stated a light switch was tripping the electrical circuit.

39. The tenant reported a power outage on 5 February 2024. The stove, lights and some of the power sockets were not working. The issues appear to have been fixed, at least initially, by 7 February 2024, although there is a text message from the tenant on 28 February 2024 asking when the stove was going to be fixed.

40. Text messages on 25 and 28 April 2024 refer to ongoing problems with the stove and oven. The tenant recorded the landlord telling her that the [NAME] were not going to fix or replace the appliance until she had vacated.

41. Under section 45 of the Act the landlord had an obligation to provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and to comply with any relevant enactment in relation to buildings, health, and safety.

42. A landlord is not in breach of their maintenance obligation if they do not remedy a latent or hidden defect. This means that a landlord’s maintenance obligation is limited to observable or notified defects, and a tenant has an independent obligation to notify the landlord of damage or the need for repairs (section 45(1)(d)). Landlords must investigate and repair a defect brought to their attention in a timeframe that is reasonable in the circumstances.

43. The landlord did not ignore the tenant’s notification of issues with the cooker and the electrical system. I am however concerned that nothing seems to have been done about the oven near the end of the tenancy. There were also issues with the electrical wiring likely related to the age of the property, which was constructed in 1950 according to one internet site (although the design is more reminiscent of the 1970’s). The tenant said the electrical system would frequently trip and be repaired after 2-3 days. She estimated there was about a month of outages in total. It is unclear whether the electrical problems exacerbated issues with the oven or vice-versa.

__________________________________________________________________________________ 5020088 7

44. I award compensation for loss of use of the oven for 2 months in the sum of $400.00 (approximately $50.00 per week for 8 weeks). The tenant should have been provided with a working oven for the entirety of her tenancy.

45. The evidence does not clearly establish that the electrical problems were caused by maintenance issues which the landlord ought to have rectified, although they could be evidence of a failure to maintain. I make no award in respect of the power outages.

[COMPANY]

46. The tenant said there was an issue with ventilation in breach of the [COMPANY]. An undated [COMPANY] (prepared by the landlord, not by an independent third party) stated that the premises met the requirements for openable windows and doors. It was not practical to install a rangehood or extractor fan in the kitchen. The bathroom and ensuite were stated to have an extractor fan vented to the exterior. The premises have ceiling and underfloor insulation according to a certificate of compliance issued by an insulation installer on 25 March 2018.

47. The compliance assessment is not entirely convincing, because it has not been prepared by a disinterested third party. It is unclear whether the landlord has the necessary qualifications to prepare the assessment. That said, I cannot identify any obvious errors or misunderstanding of the [COMPANY] on the face of the report, which is detailed. Ideally, whether it was reasonably practicable to install a rangehood/extractor fan in the kitchen required comment from a professional installer. However, in the absence of any evidence to the contrary, I accept the report provided by the landlord.

48. I am not satisfied that there was a breach of the [COMPANY] on the evidence available.

Carport

49. The tenant claimed compensation for loss of use of the carport. This was damaged in a storm and collapsed. The tenant said it was not repaired for 5 months and for that time it was unsafe for the tenant and her family to use that area. During this period, instead of the rent being reduced for lack of use, it was increased by $100.00 to $640.00 from 7 July 2022.

50. The landlord said it took time to work through the insurance claim and organise a repair. He mentioned that this was during the Covid period. The landlord noted that the carport was open, so it could not really be used for storage by the tenant. In written submissions after the hearing the landlord said the process took about 3 months.

__________________________________________________________________________________ 5020088 8

51. I do not view this as a failure to maintain by the landlord. The damage to the carport was caused by a storm, without fault on either side. I am also not satisfied that the landlord could have remedied the issue any sooner.

Unlawful Termination Notice

52. The tenant said the landlord gave notice of termination because the [NAME] wanted to move back in. The tenant said the premises remained vacant for 3 months and were then rented to people she knew and at a higher rent.

53. The landlord said the [NAME] instructed him that they wanted to move back into the property, so he gave the appropriate notice. The [NAME] were not named in the tenant’s application. It is possible that they genuinely intended to move back in but then changed their minds after the tenancy had ended. I also consider it would not be appropriate in any event, under agency law principles, to hold the landlord liable for merely acting on the owner’s instructions.

54. On the available evidence, I find it has not been shown that the termination notice was not given for valid and genuine reasons.

Filing Fee

55. Both parties have had some success. It is appropriate that they bear their own costs of the proceeding.

[NAME]

21 May 2025

__________________________________________________________________________________ 5020088 9

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/

__________________________________________________________________________________ 5020088 10

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: