‘Hurried’ decision costly for tenant angered by dirt
A Lower Hutt tenant abandoned a fixed-term agreement and lost part of her bond for what the Tenancy Tribunal has labelled a ‘‘costly and hurried’’ mistake.
Monique Mercedes Gomez had already signed a fixed-term tenancy agreement for 256 Taita Drive in Lower Hutt when she decided she did not want to move in.
On arrival to occupy the property she became concerned at the condition of the premises.
That afternoon she emailed the property managers, Valley Rental Management Ltd, with a list of things that needed fixing.
She said the oven, dishwasher, floor under the dishwasher, inside of cupboards and toilet bowl were dirty. Cupboards in the laundry needed handles and some doors needed easing.
Gomez was also concerned that the house was not fully insulated as there were awning windows that didn’t fully close.
After not receiving a response the next morning, Gomez contacted the property managers and said she had decided not to move in, and left the keys in the house.
That afternoon, Valley Rental Management emailed Gomez saying they wanted to address her concerns, and offering to have the property professionally cleaned.
Tribunal adjudicator Brent Smallbone said Gomez did not have the right to end the tenancy, as she needed either agreement from the landlord or an order from the tribunal to break the fixed-term contract.
The matters she was disappointed about could all be remedied, and although she was annoyed she did not get a response by 9am the following day, she was required to give the landlord 14 days to rectify them.
He said it was ‘‘unfortunate’’ that Gomez did not check her legal rights before making a ‘‘hurried and costly’’ decision.
The landlord’s costs, including lost rent, compensation and filing fees, were $1519, but $200 was deducted for failing to provide a reasonably clean house. The landlord was awarded $1319 in rent arrears, compensation and filing fees, which was deducted from the $2720 bond. Gomez was awarded the remainder of the bond.