Published tribunal order
Tenancy Tribunal case 4834796 — Rent arrears
Decided 24 Apr 2024 · Published 24 Apr 2024 · Application 4834796
- Rent arrears
- Property damage
- Cleanliness
Party names are redacted in the official published order.
Order
- [The tenant/s] must pay Quality Rental Management Limited As Agent For Tony & Bronwyn Fraser-Jones $847.19 immediately, calculated as shown in table below.
Reasons
- Both parties attended the hearing, conducted via teleconference. Of the three original tenants, two remain after Zac was confirmed as having left the tenancy some time ago. One attended and the other is overseas and did not answer when called.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 14 January 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is as ordered. The tenants had a good payment history and the arrears was due to the end of tenancy rent week cycle.
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, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The tenants did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided two invoices, one for $118.18 – oven and appliance cleaning, and $1,725.00 for a deep clean of the walls and ceilings, as well as the removal of a significant amount of abandoned items or rubbish. These claims were supported by a large number of photos. The invoices are accepted and awarded.
- The tenant did not return the back door keys. They were lost during the tenancy. The landlord provided an invoice for $150.00 to get the door unlocked and rekeyed. This is awarded.
- The amounts ordered are proved. Application filing fee
- Because Quality Rental Management Limited As Agent For Tony & Bronwyn Fraser-Jones has wholly succeeded with the claim I must reimburse the filing fee. 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party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the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.
- Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- The tenant requested suppression, after a suggestion from the landlord that tenant name suppression might be an appropriate consideration given the tenancy was a long one with no issues until the exit stage. The tenant has fronted and taken responsibility for the costs as ordered.
- As I stressed at the hearing, Tribunal orders are intended to be public. Future landlords and tenants have a reasonable expectation that orders of the Tribunal may help inform them as necessary. Given the specifics in this matter and the responsiveness of the tenant since it ended, I have, by a fine margin, exercised my initiative and suppressed the tenant details, concluding that the tenant interests here are greater than the public interests.