Key Takeaways
- The tribunal awarded the landlord $198.50 for the replacement of a kitchen waste disposal unit and $5845 in total for damages and lost rent.
- The tenants were found to have allowed their dogs to venture throughout the house, causing damage to the carpet and a significant smell.
- The landlord claimed the tenants bred dogs at the house, but the tribunal found that this was not an unlawful purpose.
- The tenants were ordered to pay for repainting, lost rent, rubbish removal, lawns and garden work, and the replacement of the waste disposal unit.
- The tribunal found that the increased rent was a contributing factor to the delay in re-tenanting the property.
Introduction to the Case
The tribunal heard a case between a landlord and their former tenants, who had rented a house in Northcote from April 30, 2022, to April 21, 2024. The landlord claimed that the tenants had caused significant damage to the property, including a strong smell and staining on the carpet, due to their dogs urinating on the floor. The tenants denied these claims, stating that they had only three adult dogs and had protected the flooring by placing vinyl over the carpet. However, the tribunal found in favor of the landlord, awarding them $5845 in damages and lost rent.
The Landlord’s Claims
The landlord claimed that the tenants had bred dogs at the house, which had caused the damage to the carpet and the smell. They also claimed that the tenants had used the premises for an unlawful purpose and had breached their obligation to occupy the premises principally for residential use. The landlord stated that they had replaced the carpet throughout the premises but that this did not eliminate the smell, and therefore, they decided to paint the entire premises to eliminate it. The landlord also claimed that they had lost rent due to the delay in re-tenanting the property, which they attributed to the smell and damage caused by the dogs.
The Tenants’ Defense
The tenants denied the landlord’s claims, stating that they had only three adult dogs and had not bred dogs at the house until the last year of the tenancy. They claimed that the puppies were kept in a pen until they were six weeks old and were then trained to go to the toilet on puppy pads. The tenants also claimed that the dogs and puppies were only ever kept in the lounge and dining room, and that any damage to the carpet was caused by water leaking from the roof. However, the tribunal found that the tenants’ evidence was not credible, and that the marketing photographs taken before the tenancy showed that the carpet was in a "markedly different" condition at the end of the tenancy.
The Tribunal’s Decision
The tribunal found in favor of the landlord, awarding them $5845 in damages and lost rent. The tribunal adjudicator, Lily Ryken, stated that the tenants’ dogs and puppies had been allowed to venture throughout the premises and had urinated on the floor in various parts of the house. Ryken also found that the landlord’s claim that the tenants had used the premises for an unlawful purpose was not supported, as failing to register a dog did not damage the premises and was only subject to a fine. The tribunal ordered the tenants to pay for repainting, lost rent, rubbish removal, lawns and garden work, and the replacement of the waste disposal unit.
Analysis of the Decision
The tribunal’s decision highlights the importance of tenants taking care of the rental property and adhering to the terms of the tenancy agreement. The tenants’ failure to protect the flooring and allow their dogs to venture throughout the house caused significant damage and a strong smell, which delayed the landlord’s ability to re-tenant the property. The decision also shows that landlords have the right to claim damages and lost rent if the tenants breach the terms of the tenancy agreement. However, the tribunal’s decision also emphasizes the importance of landlords providing evidence to support their claims, as the landlord’s claim that the tenants had used the premises for an unlawful purpose was not supported due to a lack of evidence.
Conclusion
In conclusion, the tribunal’s decision in this case highlights the importance of tenants taking care of the rental property and adhering to the terms of the tenancy agreement. The decision also shows that landlords have the right to claim damages and lost rent if the tenants breach the terms of the tenancy agreement. The case also emphasizes the importance of providing evidence to support claims, as the landlord’s claim that the tenants had used the premises for an unlawful purpose was not supported due to a lack of evidence. The tenants were ordered to pay $5845 in damages and lost rent, which includes $2800 for repainting, $2400 for lost rent, and the remainder for rubbish removal, lawns and garden work, and the replacement of the waste disposal unit.