Published tribunal order
Tenancy Tribunal case 4662430 — Rent arrears at 21A Hammond Street, Hamilton Central, Hamilton 3204
Decided 16 Oct 2023 · Published 16 Oct 2023 · Application 4662430
Landlord favoured
- Rent arrears
- Property damage
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Bobby James Chawner must pay Milburn Property Management Limited as Agent for Ann Livingston and Marion Milburn $2,990.45 immediately, calculated as shown in table below.
- This order incorporates the Tribunal order made on 09 June 2023 under application NZTT 4575369.
Reasons
- Ms Livingston and Ms Milburn appeared for the landlord. The claim was filed on 21 August 2023. On 05 September 2023, the tenant made a request to appear by telephone. Several unsuccessful calls have been made to the tenant. The matter has proceeded in their absence.
- The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (The “Act”).
How much is owed for rent?
- On 09 June 2023, the Tribunal terminated the tenancy for rent arrears, affective 13 June 2023. The tenant failed to vacate the property. On 02 July 2023, the landlord took steps to enforce the order and remove the tenant. The landlord seeks reimbursement of the bailiff’s fee of $200.00. The landlord states that from 13 June 2023 to the end of the tenancy on 02 July 2023, no rent payments were made by the tenant. After the tenancy ended, the landlord received a payment of $410.00 from Work and Income on behalf of the tenant. I award the rent arrears from 13 June 2023 to 02 July 2023, and the bailiffs fee of $200.00. The $410.00 held by the landlord is attributed to the debt.
Did the tenant comply with their obligations at the end of the tenancy?
- The landlord claims that the tenant failed to leave the property reasonably clean and tidy, and failed to return the keys. The landlord seeks $345.00 for cleaning, and $ 113.85 for rekeying the locks.
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) of the Act.
- Determining whether the tenant has failed to leave the property reasonably clean and tidy requires an objective assessment. There are no photographs produced showing the uncleanliness of the property. There is insufficient evidence to make an objective assessment. The claim for cleaning is dismissed. Concerning the claim for failing to return the keys. I am satisfied that the tenant was provided with keys at the commencement of the tenancy. This is shown on the pre tenancy checklist. These keys were not returned to the landlord. The claim is proven, and the compensation sought is awarded. Other matters
- On 09 June 2023, the Tribunal made an order relating to this tenancy, for rent arrears to 13 June 2023, refund of the bond, and reimbursement of the filing fee. The previous order is incorporated into this order for enforcement purposes. Costs
- Because Milburn Property Management Limited as Agent for Ann Livingston and Marion Milburn has substantially succeeded with the claim I have reimbursed the filing fee. Name suppression
- Although they have been substantially successful the landlord does not seek name suppression.