Published tribunal order
Tenancy Tribunal case 4638934 — Rent arrears at Unit/Flat 1, 266 Armagh Street, Christchurch Central,
Decided 9 Aug 2023 · Published 9 Aug 2023 · Application 4638934
Landlord favoured
- Rent arrears
- Property damage
Order
- The tenancy of Shaun Meredith and Bethany Lawless at Unit/Flat 1, 266 Armagh Street, Christchurch Central, Christchurch 8011 is terminated, and possession is granted to Bell Cross Roberton Limited as Agent for Andrew Cooke, immediately.
- The Bond Centre is to pay the bond of $2,080.00 (3561603-014) to Bell Cross Roberton Limited as Agent for Andrew Cooke immediately.
- Shaun Meredith and Bethany Lawless must pay Bell Cross Roberton Limited as Agent for Andrew Cooke $36.88 immediately, calculated as shown in the table below:
- The landlord may dispose of the goods left at the premises by the tenant as the landlord sees fit.
Reasons
- Only the landlord attended the hearing, represented by Ms Harris, Property Manager. The call placed to the tenant went through to a generic voicemail message.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears, and refund of the bond together with compensation for lock/key replacement and reimbursement of the filing fee.
Should the tenancy be terminated?
- The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
- On 25 July 2023 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises.
- This tenancy began on 26 June 2023. Not long after, on 20 July 2023, the landlord issued a 14 day notice as the rent was in arrears. The following day, 21 July 2023, the landlord notified the tenants that they would be conducting the first four weekly inspection of the property on 25 July 2022.
- When Ms Harris attended at the property to conduct the inspection she found that the property had been abandoned. All of the tenant’s personal items had been removed, and they left behind only a mattress, some kitchen items, food (which had gone mouldy) and other minor miscellaneous items. The landlord produced photos showing the property virtually empty except for the remaining items.
- Ms Harris advised that attempts to contact the tenants were unsuccessful. She said that Mr Meredith’s workplace confirmed that he had not been at work since 17 July 2023 and Ms Lawless’ workplace confirmed that she had resigned with immediate effect on 17 July 2023 as she intended to move back to the UK.
- The landlord has proved that the tenancy has been abandoned. Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
- This is a fixed term tenancy to 26 June 2024. However the landlord has taken pragmatic approach and is preparing the property to re-let as soon as possible and intends to advertise the property this Friday, 11 August 2023. In the circumstances, and after some discussion with Ms Harris, I order rent payable up to and including that date.
- The landlord has provided a rent summary proving the amount owing. Compensation for changing of locks
- 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 return the keys and so the landlord has had to replace the lock and have new keys cut. The landlord provided an invoice in the amount of $165 from Ross Galt Lock & Alarm Ltd for the lock change and keys. This amount is proved.
- The landlord also sought compensation for cleaning but did not provide photos prior to the start of the tenancy, following the tenancy, or invoices for cleaning. I raised this with Ms Harris and after some discussion she agreed that, rather than adjourning this matter for a further hearing, this claim would not be pursued. Disposal of goods
- The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
- The landlord is unable to contact the tenants.
- It is not practicable for the landlord to the return the goods to the tenant as they do not know their whereabouts and they appear to have left New Zealand. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Filing fee
- As the landlord has been substantially successful I have reimbursed the filing fee.