Published tribunal order
Tenancy Tribunal case 5129472 — Rent arrears
Decided 27 May 2025 · Published 27 May 2025 · Application 5129472
- 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 Landlord name and identifying details.
- Wilhemina Frances Reonie Manuel and Joseph Nil Reddick must pay [The landlord/s] $3,692.27 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing, set down to be conducted via video. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate out of time service had completed and I continued with the hearing after the second call also went unanswered.
- This was a continuation hearing after an adjournment on 18 March 2025 for the reasons outlined in that adjourning order.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- The bond has been released to the landlord already and it is applied against the debt in this order.
How much is owed for rent and water rates?
- The tenancy ended on 9 October 2023. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy are as ordered.
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 did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord provided extensive photos of the exit condition as well as entry photos for comparative purposes. Invoices established the tenants liability for the costs incurred for cleaning ($400.00), carpet cleaning ($290.00), lawn mowing ($195.00) and significant rubbish removal ($1483.50). The evidence supports the full award of all costs incurred and as claimed.
- The tenant did not return the keys. Two keys were cut at a cost of $16.00.
- The amounts ordered are proved. Filing fee
- Because [The applicant/s] 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 landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.