Published tribunal order
Tenancy Tribunal case 4726309 — Tenancy dispute at Unit/Flat 1, 41A Buckland Road, Mangere East, Auckland
Decided 8 Dec 2023 · Published 8 Dec 2023 · Application 4726309
Party names are redacted in the official published order.
Order
- Thomas Emerty is to pay the [applicant] $336.00 from the bond.
- The Bond Centre is to pay the bond of $336.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- The landlord attended the hearing, conducted via teleconference. The call to the tenant was not answered.
- This tenancy ended 20 February 2023. I was satisfied, given the circumstances and efforts, to dispense with the requirement for service and proceed as if the notice or any other document had been served on the party in accordance with s91B(2)(c) Residential Tenancies Act 1986 Act. I continued with the hearing after the call to the tenant was not answered.
- The landlord has applied for compensation via a refund of the bond. No other orders were sought.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, and return all keys and security devices under section 40(1)(e)(ii)-(v) of the Residential Tenancies Act 1986 (the Act).
- The tenant did not leave the premises free from rubbish. The landlord produced an invoice for $460.00 for rubbish removal. The tasks completed are recorded in that invoice as “Removed and disposed off (sic) rubbish from carport, back and front of house”. I accept the invoice both as evidence and as a means to establish the loss incurred. The compensation is awarded at the capped sum of $336.00 as sought by the landlord.
- The amount ordered is proved. Suppression
- Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- The landlord applied for suppression and, as it has been wholly successful, this is ordered.