Published tribunal order
Tenancy Tribunal case 5088088 — Tenancy dispute at 14 Quarry Road, Mosgiel 9024
Decided 4 Feb 2025 · Published 4 Feb 2025 · Application 5088088
- Filing Fee
Order
application 4986689 dated 29/10/2024$1,323.99 Bailiff fee$258.00 Storage costs$357.14 Filing fee reimbursement$27.00 Total award$1,966.13 Credit cash found$658.00 Total payable by Tenant to Landlord$1,308.13
- This order incorporates the Tribunal order made on 29 October 2024 under application 4986689.
Reasons
- The landlords attended the hearing which was held by teleconference. The tenant was contacted several times on the contact numbers provided in the application but without success. I was satisfied that adequate service of the hearing notice had been completed and considered it reasonable to proceed with the hearing in the tenant’s absence. The application
- An order was previously made on 29 October 2024 by the Tribunal (application 4986689) terminating the tenancy and awarding rent arrears. The landlords note that while the tenant’s mother paid a portion of the debt, an outstanding balance remains. They have requested that the earlier order be incorporated into the current order and have provided an updated amount of arrears at the end of the tenancy, which they calculate as $1,323.99.
- In addition to the rent arrears, the landlords claim a bailiff fee of $258.00 following the tenant’s eviction on 25 November 2024. They also seek reimbursement for storage costs of $357.14, as the tenant’s belongings were not collected until 21 December 2024, along with the filing fee for the current application.
- The landlords further state that while removing the tenant’s belongings for storage, they found $658.00 in cash inside a kitchen container. They request a Tribunal decision on whether this money can be applied towards the outstanding debt. Are the landlords’ entitled to the claims they have requested?
- I find the landlords’ claims to be proved. The landlords have provided a rent record confirming the arrears owed, and it is appropriate to incorporate the rent arrears from the earlier Tribunal order for enforcement purposes. The outstanding balance of $1,323.99 is accepted as accurate, given the payment history and the partial contribution made by the tenant’s mother.
- The claim for the bailiff fee of $258.00 is justified. The eviction was lawfully executed following the Tribunal’s termination order, and the associated enforcement costs are a reasonable consequence of non-compliance with that order. Similarly, the claim for storage costs of $357.14 is upheld. Under section 62 of the Residential Tenancies Act 1986 (“RTA”), a landlord is required to take reasonable steps to notify a tenant about uncollected belongings and store them appropriately for a reasonable period. The evidence supports that the landlords took these steps, and the storage costs incurred were necessary due to the tenant’s failure to collect her belongings promptly.
- The landlords’ claims for the bailiff fee and storage costs are reasonable and justified under the RTA. The evidence supports that these costs were incurred due to the tenant’s failure to meet her obligations under the tenancy agreement and the Tribunal’s prior order.
- Regarding the $658.00 in cash found in a kitchen container, I am satisfied that the landlords acted appropriately by storing the money and informing the tenant of their intention to seek a Tribunal decision. The landlords took reasonable steps to contact the tenant regarding her uncollected belongings, and while her mother eventually retrieved some items on 21 December 2024, no agreement was reached regarding the money. As the tenant has not attended the hearing to raise an objection or claim ownership of the funds, I consider it a fair and practical resolution to credit the amount against the outstanding debt. This aligns with the Tribunal’s authority to make determinations on financial disputes arising from a tenancy and ensures that the debt is partially settled without further delay.
- Accordingly, I grant the orders as sought.
- As the landlords have wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.