Published tribunal order
Tenancy Tribunal case 4779757 — Rent arrears at Room 6, 63 Stafford Street, Timaru, Timaru 7910
Decided 18 Mar 2024 · Published 18 Mar 2024 · Application 4779757
Landlord favoured
- Rent arrears
- Cleanliness
Order
- Liley Humphries must pay The City Boarding House Limited $425.44 immediately, calculated as shown in table below:
- The City Boarding House Limited must take any of the tenant’s personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
- The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit PROVIDED HOWEVER that this order is suspended until 5.00pm on Friday 22 March 2024.
Reasons
- Ms Beveridge represented the landlord. The tenant did not attend the hearing.
- Although the application was made more than 2 months after the tenancy ended, I am satisfied that the tenant has been served with the notice of hearing.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 17 October 2023. The landlord provided rent records which prove the amount of rent owing at the end of the tenancy.
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 (RTA).
- The tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
- The amounts ordered are proved.
- The landlord is authorised to take the bond.
- The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
- The landlord agreed on a period for the tenant to collect the goods, but the tenant failed to collect the goods within that time.
- It is not practicable for the landlord to the return the goods to the tenant. 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) RTA.
- I have suspended the disposal of goods order until 5.00pm this Friday 22 March to allow the tenant one last opportunity to arrange to collect her goods.
- As the application is successful, the tenant must pay the landlord’s Tribunal filing fee.