Published tribunal order
Tenancy Tribunal case 4732649 — Tenancy dispute at 160 Cemetery Road, Whatawhata, RD 9, Hamilton 3289
Decided 28 Mar 2024 · Published 28 Mar 2024 · Application 4732649
- Rubbish Removal
Order
- [The tenant/s] and [The tenant/s] must pay [The landlord/s] and Lloyd Ross Main as Trustees for J B Family Trust $21,069.75 immediately, calculated as shown in table below.
- This order incorporates the Tribunal order made on 25 October 2023 under application 4667876.
Reasons
- The landlord appeared. There was no appearance by the tenant.
- The tenancy ended on 27 August 2023. On 04 September 2023, the Tribunal awarded the landlord rent arrears (see TT 4637770). The landlord subsequently filed a claim which included compensation for rubbish removal and an order for disposal of property not removed by the tenant. The Tribunal awarded compensation for rubbish removal and made an order that the landlord sell any items of value and dispose of the rest. Any money made from the sale of the items to be attributed to the debt (see TT 4667876, dated 25 October 2023).
- The items in question were located in two large implement sheds apparently used to repair vehicles. After completing the task, the landlord filed another claim on 07 November 2023, for costs associated with sorting and selling the items and disposing of those unable to be sold. The items sold raised $642.00., with a receipt produced from a scrap metal merchant. The landlord is claiming skip hire of $800.00 and labour of $1,350.00 for sorting the items.
- The landlord has included a claim to refill a water storage tank allegedly drained by the tenant. However, this claim was considered and dismissed by the Tribunal at the last hearing. Tribunal decisions, subject to provisions regarding rehearing or appeal, are binding on the parties. This claim cannot be relitigated by the landlord and is dismissed.
- Photographs taken inside the sheds have been produced. The landlord state that they had to sort the items into metal recycling and general waste bins. The items suitable for recycling were sold for $642.00, while those unable to be sold were disposed of. The landlord completed the work themselves and recorded the time spent doing so. They are claiming an hourly rate of $25.00. There was a significant amount of material in the sheds. After considering the evidence I am satisfied that the claim is reasonable.
- Because [The landlord/s] and Lloyd Ross Main as Trustees for J B Family Trust has substantially succeeded with the claim I have reimbursed the filing fee. The previous order TT 4667876, dated 25 October 2023 is incorporated into this order for enforcement purposes.
- There are no orders for suppression.