Published tribunal order
Tenancy Tribunal case 4615794 — Tenancy dispute at 25 Marwick Place, Redwood, Christchurch 8051
Decided 4 Aug 2023 · Published 4 Aug 2023 · Application 4615794
Landlord favoured
- Filing Fee
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Warren Wootton”s family have until 5pm on Friday 18 August 2023 to collect any belongings from the unit. After that date Otautahi Community Housing Trust can dispose of the belongings left behind in accordance with these orders.
- Otautahi Community Housing Trust must take any personal documents belonging to the tenant, that have been left at the premises, to the nearest Police station and obtain a receipt for them.
- The landlord shall dispose of the other goods left at the premises by the tenant by: a. selling all goods with a saleable value by public auction or by private contract at a reasonable market price, and b. disposing of all goods with no saleable value as the landlord sees fit.
- The amount owing to the applicant out of the proceeds of any sale is $1,234.59 calculated as: Previous order application 4541509 dated 15/06/2023$1,214.15 Filing fee reimbursement$20.44 Total award$1,234.59 Total payable by Tenant to Landlord$1,234.59
- Otautahi Community Housing Trust must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.
Reasons
- The landlord attended the hearing. Mr Olds represented the landlord. The tenant died after the application was filed.
- A family member contacted the landlord before the hearing and would like some of the belongings left in the unit. The landlord is happy for the family to collect items from the unit. The family has until 18 August 2023 to make arrangements with the landlord to collect the items they would like.
- Mr Olds tried to speak with this family member about the hearing but could not get hold of her.
- The landlord has applied for the disposal of goods that the tenant left at the premises at the end of the tenancy.
- The landlord cannot the return the goods to the tenant. If any of the goods have a value above the cost of storing, transporting and selling them then the landlord must sell these goods at a reasonable market price.
- The landlord may deduct any amount owing from the sale proceeds, and must pay the balance to the Bond Centre. See sections 62(3)(b), 62B(2),(3) and (4), 62C(1)(b),(2) and (3) Residential Tenancies Act 1986).
- The landlord may dispose of any goods that have no saleable value.
- Because Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee.