What was the outcome of Tenancy Tribunal case 4871142?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4871142?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4871142?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness.

Where can I read the official tribunal order for case 4871142?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10490071-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4871142?

The tribunal order states: The application is dismissed.

How much money was awarded in case 4871142?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4871142?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness.

Where can I read the official tribunal order for case 4871142?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10490071-Tenancy_Tribunal_Order.pdf.

493 Speargrass Flat Road, Lake Hayes, Queenstown 9371 Tenancy Tribunal Case 4871142 — Rent arrears

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Reasons

The landlord attended the hearing by teleconference. There was no appearance by the tenant. The hearing proceeded in his absence.

The landlord has applied for compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

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 tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The landlord says that the tenant did not leave the premises clean and tidy. The landlord provided photographs in support taken on 25 February 2024, well after the tenant moved out on 26 January 2024. The landlord has provided an invoice from ‘We do it for you’ dated 29 January 2024 for $283.48.

The landlord also claims that the tenant damaged a sofa which required cleaning. The landlord has also provided a quote for sofa upholstery.

The landlord says that the sofa was not able to be cleaned. The landlord is now claiming $4199.10 based on a quote from Upholstery Workshop dated 24 April 2024. This quote relates to the landlord’s two claims in respect of the sofa.

Unfortunately the landlord has not provided any entry photographs taken at the start of the tenancy. There is also no inspection checklist which has been signed by both parties at the start of the tenancy. This evidence is vital in respect of claims relating to damage and cleaning. Without this evidence it is impossible for me to determine the state of the premises at the start of the tenancy. I am also unable to determine the condition of the sofa at the start of the tenancy. Lock replacement:

The landlord says that the tenant returned the keys. She decided nevertheless to change the locks on the basis that they did not feel comfortable leaving the same locks in place. The landlord has provided two invoices from Queenstown Locksmiths – one dated 8 February 2024 for $280.60 and second invoice dated 29 January 2024 for $1007.40.

The tenant has satisfied his obligations by returning the keys. If a landlord decides to go ahead with a lock change then this is a cost that the landlord must absorb. It is not a cost that the tenant should be liable for.

The claims in respect of cleaning, sofa compensation and lock changing are dismissed. Bankruptcy costs:

The landlord has also filed two claims in respect of legal costs associated with bankruptcy proceedings against the tenant. These two claims relate to enforcement costs from Todd and Walker.

There is no provision in the Residential Tenancies Act for these claims. These fees would be payable by the tenant as part of the insolvency process. It does not form part of the landlord - tenant relationship.

Accordingly, the claim for bankruptcy enforcement costs is dismissed. Bond:

There is currently a bond of $2000.00. The bond is to remain with the bond centre. The landlord should now lodge a new application for release of the bond so that the funds can be directed towards the rent arrears as ordered on 18 January 2024 pursuant to TT4764298.

The landlord’s application is unsuccessful therefore I do not order reimbursement of the filing fee.