Published tribunal order
Tenancy Tribunal case 4647693 — Rent arrears at 7 Lyell Road, Outer Kaiti, Gisborne 4010
Decided 22 Sept 2023 · Published 22 Sept 2023 · Application 4647693
Landlord favoured
- Rent arrears
- Cleanliness
- Property damage
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Reihana Hokianga must pay Home Rental Services 2022 Limited $6,921.05 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,000.00 (3064478-019) to Home Rental Services 2022 Limited immediately.
- Home Rental Services 2022 Limited is to retain the $160.00 proceeds of sale of goods.
Reasons
- Mr Kohere attended the hearing on behalf of the landlord. Reihana Hokianga, the tenant, did not attend the hearing. As Mr Hokianga was served, the hearing proceeded in his absence.
- The landlord has applied for rent arrears, compensation, disposal of goods, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- Mr Kohere provided a copy of an email from the tenant dated 20 June 2023 to the previous property manager, Pukeko Rentals, before Home Rental Services took over management of the property on 4 July 2023. The tenant’s email of 20 June 2023 said he was moving out of the property in two weeks’ time, which would have been 4 July 2023. This is a fixed term tenancy to 29 September 2023 but the landlord only claims rent arrears to 4 July 2023.
- The landlord provided rent records which prove the rent arrears owing to 30 June 2023, which is $7,771.43. Weekly rent is $500.00 so daily rent is $71.42/day. A further 4 days rent @ $71.42 is payable from 1 July 2023 to 4 July 2023, for a sub-total of $285.68. Therefore, the tenant owes the landlord a total of $8,057.11 in rent to 4 July 2023.
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 landlord said the tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. Mr Kohere provided photographs in an exit inspection report completed after the tenancy ended, which show rubbish left throughout the interior and exterior of the property. Whilst several larger items such as TV, Dish TV and their remotes, an exercycle and a queen bed frame, were sold to Barwicks by the landlord and did not form part of the rubbish removal, the photographs show a shelving unit, chairs, drawers, lots of household items left in the kitchen cupboards and drawers and on the kitchen bench, clothing and other belongings scattered throughout the house, as well as rubbish left outside the property by the tenant.
- The landlord claimed $677.05 for rubbish removal and disposal. This includes 5 hours of labour @ $70.00/hour coming to $350.00, plus dump fee/mileage of $237.00. GST was added to both. No dump fee receipt was provided. I find the hourly rate of $70.00 for rubbish removal to be excessive and a more reasonable rate to be $50.00/hour for rubbish removal. As such, I find a reasonable cost for rubbish removal to be 5 hours @ $50.00/hour = $250.00 plus GST comes to $287.50. I find the dump fee to be high, given that most of the larger items were sold to Barwicks, and the landlord did not provide a receipt for dump fees. As such, I find the landlord has not provided sufficient evidence to prove the dump fees of $237.00 so the claim for dump fees is dismissed. Therefore, I award the landlord $287.50 for rubbish removal.
- The landlord also claimed $420.00 for cleaning the property after the tenant left, and after the rubbish was removed. The cleaner apparently spent 14 hours cleaning the property, which it is apparent from the photographs provided was reasonable in the circumstances. The landlord claimed $420.00 for cleaning which I find to be reasonable. The landlord is awarded $420.00 for cleaning of the property at the end of the tenancy.
- The landlord provided photographs of the overgrown lawn at the property at the end of the tenancy and claimed $60.00 to mow the lawn and clear the section of weeds. I find this to be a reasonable cost given the evidence provided of the state of the lawns at the end of the tenancy. Therefore, the landlord is awarded $60.00 for lawn mowing at the end of the tenancy.
- The tenant did not return the keys. The landlord claimed $186.00 to replace the locks at the property. I find this to be a reasonable cost in the circumstances and award the landlord $186.00 to replace the locks at the end of the tenancy.
- The amounts ordered are proved. Disposal of goods
- The landlord claimed for disposal of goods and had several items valued by Barwicks at a cost of $50.00. The items listed and valued included a TV and remote, a Dish TV and remote, an exercycle and a Queen bed frame. At the hearing, Mr Kohere said all these items had already been sold to Barwicks for $160.00, which is what Barwicks valued the items at.
- Therefore, the landlord did not require a disposal of goods order. However, the landlord is still holding $160.00 received from the sale of these goods to Barwicks. The landlord is to retain the $160.00 from the sale of the goods, to apply against what is owed by the tenant. Refund of bond
- The Bond Centre is to pay the bond of $2,000.00 (3064478-019) to Home Rental Services 2022 Limited immediately.
- Because Home Rental Services 2022 Limited has been successful with the claim I must reimburse the filing fee.