Published tribunal order
Tenancy Tribunal case 4723969 — Rent arrears at 3A Merton Avenue, Glenfield, Auckland 0627
Decided 16 Nov 2023 · Published 16 Nov 2023 · Application 4723969
- Rent arrears
Order
- The tenancy of [The tenant/s] at 3A Merton Avenue, Glenfield, Auckland 0627 was terminated, and possession returned to Barfoot & Thompson Limited as Agent for Robert & Eileen Ming, on 27 October 2023.
- [The tenant/s] must pay Barfoot & Thompson Limited as Agent for Robert & Eileen Ming $2,001.01 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 27 October 2023$3,780.57 Filing fee reimbursement$20.44 Total award$3,801.01 Bond-$1,800.00 Total payable by Tenant to Landlord$2,001.01
- The bond has been returned to the landlord, so no order is required for this.
- Barfoot & Thompson Limited as Agent for Robert & Eileen Ming must take any personal documents belonging to the tenant, which have been left at the premises, to the nearest Police station and obtain a receipt for them.
- The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
- The amount owing to the applicant out of the proceeds of any sale is $2,001.01.
- Barfoot & Thompson Limited as Agent for Robert & Eileen Ming must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.
Reasons
- Only the landlord attended the hearing, which was held by teleconference.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. Termination
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord provided rent records which prove the amount owing at the end of the tenancy. Disposal of goods
- The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
- The landlord agreed on a period for the tenant’s family was to collect the goods, but they failed to collect the goods within that time.
- It is not practicable for the landlord to the return the goods to the tenant. Some of the goods have a value above the cost of storing, transporting and selling them. The landlord must sell these goods at a reasonable market price.
- The landlord may deduct any amount owing from the sale proceeds and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
- The landlord may dispose of any goods that have no saleable value.
- Because Barfoot & Thompson Limited as Agent for Robert & Eileen Ming has wholly succeeded with the claim I must reimburse the filing fee.