Published tribunal order
Tenancy Tribunal case 4628269 — Rent arrears
Decided 6 Oct 2023 · Published 6 Oct 2023 · Application 4628269
- 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.
- Otis Johnson must pay [The landlord/s] $5,904.57 immediately, calculated as shown in table below.
- [The landlord/s] may dispose of the goods left at the premises by the tenant as the landlord sees fit.
Reasons
- The landlord’s application was filed on 12 July 2023.
- The application sought termination of the tenancy and rent arrears.
- The tenancy ended on 18 August 2023.
- The landlord amended its application to included vacated repairs.
- The hearing took place today, 28 September 2023. The landlord attended the hearing by phone with the consent of the Tribunal. [The landlord’s representative] represented the landlord. There was no appearance by the tenant.
- The claim for rent arrears to 18 August 2023 is proven. The tenant has made no rent payments since 21 June 2023.
- There was damage to the premises during the tenancy.
- The curtains were damaged by the tenant’s child. I was provided with text messages from the tenant to the landlord about this.
- The curtains needed to be replaced. The landlord provided evidence of the cost of purchasing the curtains in 2021. The property was vacant before this tenancy began in March 2022.
- I have applied depreciation of 25% to the new replacement cost claimed.
- The tenant’s partner forced the front door open after being accidentally locked out of the property. This caused damage to the door, door frame, and lock. The cost of repair is proven.
- In July 2023, the landlord arranged for an electrician to attend at the property in response to a tenant complaint about the stove. The electrician found that two of the elements were damaged, apparently due to over-heating. The electrician also discovered that the tenant had made unconsented and dangerous alterations to the switchboard.
- The electrician informed [The landlord’s representative] that he could not find any fault with the elements.
- This information indicates that the over-heating damage to the elements is linked to the tenant’s electrical alterations.
- In the absence of any other evidence, my finding is that it is proven to the standard of ‘more likely than not’ that the damage to the elements is a consequence of some careless or intentional action by the tenant rather than fair wear and tear.
- The tenant left some items behind at the end of the tenancy. The landlord has kept those items in paid storage since 15 September. [The landlord’s representative] submitted that she has contacted the tenant and the tenant’s partner about retrieving the items, without success.
- [The landlord’s representative] provided photographs showing the items left behind – some car parts, a plastic toy scooter, a plastic chair, etc. I am satisfied that the goods have no realisable value.
- The landlord will keep the goods in storage for one more week. If the tenant does not retrieve the goods or make an acceptable arrangement to retrieve them, the landlord may dispose of the goods as they see fit.
- I have awarded the landlord the third-party storage cost.
- The bond of $1,400.00 was held by the landlord and can be applied to the proven costs.
- The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44 1 .
- The landlord requested name suppression. Name suppression is granted on the basis that the landlord has substantially succeeded in the proceedings 2 .