Published tribunal order
Tenancy Tribunal case 4618874 — Rent arrears at 19D North Road, Kaitaia 0410
Decided 13 Sept 2023 · Published 13 Sept 2023 · Application 4618874
- Rent arrears
- Property damage
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. 2. 3.
Reasons
- The tenancy began in June 2022.
- The tenant fell into rent arrears.
- In late March 2023, the landlords were informed by neighbours that the tenant had moved out and that other persons were occupying the property. There were frequent parties at the property and anti-social behaviour.
- The landlords re-took possession.
- The application seeks rent arrears, repairs, rubbish removal, and other costs.
- The hearing took place in [Event location suppressed] on 21 August 2023. [The landlord/s] attended the hearing by phone with the consent of the Tribunal. There was no appearance by the tenant.
- If a tenant abandons a periodic tenancy, the landlord is entitled to payment of rent to the date that is 28 days from the date of discovery of abandonment.
- [The landlord/s] was able to confirm the abandonment in early April 2023. The claim for rent arrears to 28 April 2023 is proven.
- The property was in a badly damaged and extremely untidy state when the landlords re-took possession.
- [The landlord/s] submitted that the property had been recently re-decorated before the start of this tenancy.
- [The landlord/s] provided photographs from the end of the tenancy showing: a. Multiple holes in walls throughout the property. b. Graffiti on walls. c. Three badly damaged doors. d. Two broken windows. e. Rubbish throughout the house, and also outside.
- Tenants must remove all rubbish and leave the premises reasonably clean and tidy at the end of the tenancy 1 . Tenants must also return all keys 2 .
- Tenants are liable for damage beyond fair wear and tear that occurs during the tenancy 3 .
- The claim for cleaning and rubbish removal is proven. A skip bin was required to dispose of all the rubbish left behind. The cleaning and rubbish removal work was done by the landlords. The amount claimed for their labour is fair and reasonable. 1 Section 40(1)(e)(iii) Residential Tenancies Act 1986 “RTA” 2 Section 40(1)(e)(iv) RTA 3 Section 49B RTA
- The claim seeks the cost of repairing the walls, replacing the doors, re-glazing the two broken windows, and changing the locks. Invoices were provided for these repair costs. This part of the claim is proven.
- The claim seeks $7,111.60 for re-painting the inside of the unit per an invoice from [Builders]. The invoice describes the job as “re-decorate 2-bedroom unit including wardrobe and kitchen units”. [The landlord/s] confirmed that the invoice is for painting work only.
- I accept that painting was necessary given the numerous holes in walls and graffiti on the walls.
- The amount claimed seems high for the size of the unit. [The landlord/s] submitted that she and her husband had carried out the painting before the start of the tenancy.
- Having regard to this and to betterment, I will award 70% of the painting cost claimed.
- The landlord has been successful in this application, and I must also award the landlord the filing fee 4 .
- Name suppression is granted to the landlord 5 .
- The bond will be released to the landlord.