Published tribunal order
Tenancy Tribunal case 4897122 — Rent arrears at 106 Kaikoura Street, Maupuia, Wellington 6022
Decided 2 Jul 2024 · Published 2 Jul 2024 · Application 4897122
Landlord favoured
- Rent arrears
- Cleanliness
Order
- The tenancy of The Estate of Jesse Tutaki at 106 Kaikoura Street, Maupuia, Wellington 6022 is terminated, and possession is granted to Kāinga Ora– Homes And Communities, at 11:59pm on Tuesday 2 July 2024.
- The Estate of Jesse Tutaki owes Kāinga Ora–Homes And Communities $130.00 calculated as set out in the table below (“the debt”):
- The Bond Centre is to pay the bond of $130.00 (3116838-010) to Kāinga Ora– Homes And Communities immediately to pay the debt.
- Kāinga Ora–Homes And Communities 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 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.
- The amount owing to the applicant out of the proceeds of any sale is $0.00.
- Kāinga Ora–Homes And Communities must pay the proceeds of any sale, less the amount owing, to the Bond Centre together with a copy of this order.
Reasons
- Only the landlord attended the hearing, represented by Ms Eder.
- The landlord seeks termination of the tenancy pursuant to section 50A(2) of the Residential Tenancies Act 1986 (RTA), compensation, refund of the bond and an order for disposal of the deceased personal property.
Should the tenancy be terminated?
- Mr Tutaki was the sole tenant under a tenancy agreement that commenced on 24 February 2017
- Mr Tutaki is now deceased (as confirmed by evidence provided by the landlord) but the landlord has been unable to give notice in accordance with section 50A(1)(b) as they have been unable to locate the deceased’s next of kin or personal representative.
- The landlord also left a 21-day written notice at the rental premise addressed to the personal representative of the tenant or a person who is the tenant’s next of kin asking them to vacate the premise. The landlord confirms that no one has collected that written notice.
- Section 50A(2) provides that if a landlord is unable to give notice to vacate under section 50A(1)(b) the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy.
- The New Zealand Police verbally notified the landlord of the death of the tenant on 9 March 2024. The Ministry of Social Development confirmed the death to the landlord in writing on 10 April 2024.
- I am satisfied, based on the evidence before me, that the landlord is entitled to an order terminating the tenancy and for immediate possession.
How much is owed for rent arrears?
- The deceased was $40.46 in advance of his rent on 21 March 2024 when his last rent payment was made by MSD.
- The landlord was first made aware of the death of the tenant on 9 March 2024. The deceased 21 days’ notice terminating his tenancy began on 9 March 2024 and ended on 30 March 2024.
- The landlord provided rent records which prove the amount owing at the end of the tenancy, being 30 March 2024. Disposal of goods
- The deceased premise was burgled on 29 April 2024. The landlord has taken steps to secure the premise ass a window had been smashed and the back door had been left wide opened. The landlord is unable to tell whether any of the deceased personal property was stolen.
- The landlord has applied for the disposal of goods the deceased left at the premises at the end of the tenancy.
- The landlord has been unable to locate the deceased’s next of kin or personal representative.
- On taking possession of the premise, the landlord must take any of the deceased personal documents that have been left at the premises to the nearest Police station and obtain a receipt for them.
- Some of the deceased goods have a value above the cost of storing, transporting and selling them. The landlord must secure those goods in safe storage for not less than 35 days from the date on which the landlord first took possession of those goods. If the personal property belonging to the deceased remains unclaimed after 35 days, 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). Such amounts owing to the landlord that may be offset from the proceeds of sale are additional costs of bio-cleaning and/or general cleaning of the deceased’s premise, rubbish removal, storing, transporting and marketing the items of personal property sold.
- Except for any of the deceased personal documents, the landlord may dispose of any of the deceased personal property in any way it sees fit that has no saleable value or the saleable value is below the cost of storing, transporting and selling them. The landlord may offset the disposal cost from the proceeds from the sale of goods. Receipts must be kept proving the disposal costs incurred.