Published tribunal order
Tenancy Tribunal case 4613177 — Rent arrears at 39 Donald Road, Kaitaia, Kaitaia 0410
Decided 16 Oct 2023 · Published 16 Oct 2023 · Application 4613177
- Rent arrears
- Cleanliness
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
- Jamie-Lee Johnson must pay [The landlord/s] $5,084.94 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $1,720.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- The landlords’ application seeks rent arrears, cleaning, rubbish removal, and repair costs.
- The hearing took place on 9 October 2023 at [Event location suppressed]. [The landlord/s] attended the hearing by phone with the consent of the Tribunal. There was no appearance by the tenant. Rent arrears
- [The landlord/s] was informed by neighbours that the tenant had left the property.
- She confirmed this on 25 April 2023.
- [The landlord/s] rent record shows that the last rent payment was made on 15 March 2023.
- Tenants must give the landlord 28 days’ notice if they want to terminate a tenancy. If a tenant leaves the property without giving notice, they have abandoned the tenancy.
- If a tenant abandons a tenancy, they are liable for rent to the date that is 28 days’ from the date that the landlord discovers the abandonment 1 .
- The claim for rent arrears to 16 May 2023 is proven. Rubbish removal and cleaning
- Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy 2 .
- [The landlord/s] photographs show that the premises were not reasonably clean and tidy at the end of the tenancy, and that the tenant left substantial amounts of rubbish and abandoned belongings at the property, in particular in the garage and underneath the house.
- [The landlord/s] stated that when she got hold of Ms Johnson after discovering the abandonment, Ms Johnson told her that she had moved to [City] and to dispose of anything left behind because she did not intend to return.
- The amounts claimed for cleaning and for rubbish removal are proven, and are fair and reasonable. 1 Section 61(3)(a)(i) Residential Tenancies Act 1986 (RTA) 2 Section 40(1)(e)(iii) RTA Damage, change of locks
- [The landlord/s] photographs show three holes in walls and two missing doors. There was also a broken window next to the ranchslider.
- The damage occurred during this tenancy.
- [The landlord/s] provided an invoice from [Builders]. The invoice includes a range of work that was done after the landlord re-took possession. [The landlord/s] agreed that the tenant is not liable for all of that work.
- [The landlord/s] highlighted the costs on the invoice that she considers Ms Johnson is liable for.
- However, the costs that [The landlord/s] has highlighted on the invoice are difficult to link entirely to the only proven instances of tenant damage which are the three holes in walls and two missing doors.
- I will award compensation of $1,100.00 based on $200.00 for each hole and $250.00 for each door.
- The cost of reglazing is proven.
- The tenant did not return the keys at the end of the tenancy. The cost of changing the locks is proven. Filing fee, bond, name suppression
- The landlords have been successful in this application, and I must also award the landlord the filing fee of $20.44. 3
- Name suppression was requested and is granted on the basis that the landlords have substantially succeeded in the proceedings. 4
- The bond will be released to the landlords.