Published tribunal order
Tenancy Tribunal case 4832717 — Tenancy dispute at 5 Raleigh Place, Otara, Auckland 2023
Decided 1 May 2024 · Published 1 May 2024 · Application 4832717
Landlord favoured
- Filing Fee
Order
- Nancy Fong-Anae is granted possession of the premises at 5 Raleigh Place, Otara, Auckland 2023 immediately.
- Nancy Fong-Anae 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.
- Nancy Fong-Anae must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.
- Pani Rawinia Harker is to reimburse the filing fee of $20.44 to the landlord. This amount will come from the bond.
- Bond Centre to pay $20.44 to the landlord. The remainder of the bond will remain at the Bond Centre until further order by the Tribunal or agreement between the parties.
Reasons
- This application was scheduled to be heard by video conference. The tenant did not link in to the Teams meeting. Nor did the tenant answer the phone when called. The hearing then proceeded in her absence.
- The landlord has applied for possession of the premises following the termination of the tenancy.
- The tenancy was due to end on 19 February 2024. The tenant had texted the landlord on 22 January 2024 advising her that she was ending the tenancy. A tenant is required to give 28 days’ notice and that notice period ended on 19 February 2024. I note at today’s hearing that the landlord stated that the tenant in fact left in March and that the rent was paid to 21 February 2024.
- In any event those dates are less than 90 days ago and so the requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied, and possession is granted to the landlord.
- I note that the landlord requires a possession order, even though the tenant has left, because a large amount of the tenant’s belongings remain at the premises and the tenant has keys.
- The landlord has also applied for the disposal of goods the tenant left at the premises at the end of the tenancy.
- I accept the evidence showing that the landlord is unable to contact the tenant. The tenant has been emailed about the removal of her goods and there is no response.
- It is not practicable for the landlord to the return the goods to the tenant. Some of the goods may have a value above the cost of storing, transporting and selling them. 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.
- I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in her claim. C ter Haar 01 May 2024