Published tribunal order
Tenancy Tribunal case 4905234 — Rent arrears at Room 3, 8 St Hill Street, Whanganui, Whanganui 4500
Decided 20 Sept 2024 · Published 20 Sept 2024 · Application 4905234
Landlord favoured
- Rent arrears
- Cleanliness
Order
- Manaaki Ngaki Tuhua must pay David Gregory Moore $2,310.44 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing. There was no appearance by the tenant.
- On 3 July 2024 there was a phone hearing to determine jurisdiction for this claim and another for this tenant’s mother. I recorded that although the tenancy agreement is in the form of a Flat-sharing agreement, the landlord did not actually live at the premises. He and his wife own the property and rent was to be paid to them, not to a “head tenant” as indicated in the agreement.
- The room rented was part of an apartment which had 5 bedrooms, 2 bathrooms and 1 kitchen. There is another apartment at the premises, which is rented in its entirety to a tenant. The third apartment is under renovation.
- I recorded that subject to any different evidence that the tenant may give, it appeared that the Tribunal has jurisdiction to deal with this claim.
- I was not satisfied that the tenant had received notice of the hearing. The tenant confirmed his email address.
- Directions were made for service and the hearing adjourned.
- At a hearing on 31 July 2024 it transpired that the landlord had not complied with the directions. He was given a further opportunity to do so.
- Today I am satisfied that the landlord has emailed the tenant setting out the claims he is making with some supporting evidence.
- The tenant did not appear and so based on the evidence the landlord previously gave about the nature of the rental, I am satisfied that I have jurisdiction to consider his claims.
- The landlord has applied for rent arrears, compensation, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent?
- The tenancy ended on 22 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy was $2,250. The amount ordered is proved.
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 and remove all rubbish.
- The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish.
- The landlord had to bag up clothes and some other items and clean the premises. He seeks $300.
- The amounts ordered are proved.
- The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy. These are two bags of clothes and some pokemon cards.
- The landlord has emailed the tenant but has had no response.
- 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) Residential Tenancies Act 1986.
- Because the landlord has been successful, I order reimbursement of the filing fee.