Published tribunal order
Tenancy Tribunal case 4786844 — Tenancy dispute at Unit/Flat 6A, 46 Liverpool Street, Auckland Central,
Decided 19 Dec 2024 · Published 19 Dec 2024 · Application 4786844
Tenant favoured
- Cleanliness
- Filing Fee
Order
(No. 2)
- Justin Choi must pay the bond of $2,200.00 to Yi Ding and Luoyao Zhou immediately.
- Justin Choi’s claim that Yi Ding and Luoyao Zhou did not leave the premises reasonably clean and tidy and did not remove abandoned goods is dismissed. DescriptionTenant Filing fee reimbursement $20.44 Total award $20.44 Bond $2,200.00 Total payable by Landlord to Tenant $2,220.44
Reasons
- Neither party attended the hearing scheduled for today.
- This decision must be read with my previous decision, “Order (No. 1),” dated 20 September 2024.
- On 19 December 2024, I heard the landlord, Mr. Choi, present his compensation claim. His claim for compensation was dismissed in my earlier decision, “Order (No. 1),” issued on 20 September 2024.
- The hearing on 19 September 2024 was part-heard due to insufficient time to address the landlord’s claim that the tenants failed to leave the premises reasonably clean and tidy and did not remove abandoned goods. The total compensation claimed was $552 for deep cleaning costs and $200 for removal of abandoned goods.
- Today, the hearing was reconvened. Attempts to reach the tenants via Microsoft Teams were unsuccessful. It is understood that both tenants are now residing in China.
- The court registrar made two attempts to contact the landlord by phone, the first at approximately 9:50 AM and the second at approximately 10:05 AM. Both calls went unanswered.
- The applicant landlord did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
- Accordingly, I dismiss the landlord’s compensation claim that the tenants failed to leave the premises reasonably clean and tidy and did not remove abandoned goods. Bond
- The tenants submitted a Settlement Statement dated 25 October 2023, which confirmed that the current landlord, Mr. Choi, received the bond amount of $2,200.
- The Settlement Statement demonstrated that the previous landlord had transferred the bond to the current landlord, Mr. Choi, as part of the property ownership transfer.
- Accordingly, Mr. Choi is ordered to refund the bond amount of $2,200 to the tenants. Filing fee
- Because Yi Ding, Luoyao Zhou has wholly succeeded with the claim I must reimburse the filing fee.