Published tribunal order
Tenancy Tribunal case 5119976 — Rent arrears at 36 Mary McLean Place, Hillsborough, Christchurch 8022
Decided 24 Jan 2025 · Published 24 Jan 2025 · Application 5119976
- Rent arrears
- Cleanliness
- Property damage
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
- [The tenant/s] must pay Ōtautahi Community Housing Trust $2,002.50 immediately, calculated as shown in table below:
- 00 Total award$2,201.90 Bond$199.40 Total payable by Tenant to Landlord$2,002.50
- The application for exterior rubbish removal costs is dismissed.
- The application for the cost of smoke alarm replacement is withdrawn.
Reasons
- Both parties attended the hearing. Mr Waters for the landlord attended in person. The tenant attended by phone.
- The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
- The tenancy started in February 2012 and ended on 2 November 2024. The landlord’s claims
- The tenant accepted the landlord’s claims marked *.
- I find the claim for the repair of a door proved by the evidence produced - photos and scope/invoice.
- The landlord withdrew a claim for the cost of replacing a smoke alarm.
- At the end of a tenancy the tenant must leave the premises reasonably clean and tidy, and remove all rubbish - see section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The tenant disputed a claim for exterior rubbish removal. The claim was for 7 m³ of rubbish including the contractor’s time.
- The tenant said that apart from 4 rubbish bags, the rubbish outside was put there by another tenant.
- Given the tenant’s acceptance of the landlord’s claims, including the claim for interior rubbish removal, I accept his evidence on this issue.
- The landlord’s photos produced in evidence do not show much in the way of exterior rubbish. The tenant’s tenancy manager who would have observed the premises did not give evidence.
- I find that the claim for exterior rubbish removal fails for lack of proof. I accept that the tenant was not the person who accumulated rubbish at the exterior of the premises.
- The tenant paid a bond of $199.40 at the start of the tenancy in 2012. The tenancy then was managed by Christchurch City Council. Mr Waters agreed that the tenant should receive a bond credit even though details of the bond are not immediately available.
- I award the landlord the filing fee on the mostly successful application. Name suppression
- The tenant sought a name suppression order, supported by Mr Waters. I order suppression of the tenant’s name because his acceptance of the claims, had it happened at mediation, would have remained confidential. Publication would not serve any public interest in this case.