Published tribunal order
Tenancy Tribunal case 5039989 — Tenancy dispute at 15 Raleigh Place, Otara, Auckland 2023
Decided 4 Feb 2025 · Published 4 Feb 2025 · Application 5039989
Landlord favoured
- Pest Control
- Rubbish Removal
Order
- Ifipaea Leung Wai must pay Kāinga Ora–Homes And Communities $8,245.76 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing represented by Ms Smith.
- There was no appearance for the tenant, and they did not answer the call made to the number they provided the landlord when they vacated. They had been notified of the hearing by email, accordingly pursuant to section 92 of the Residential Tenancies Act 1986 (RTA) the hearing continued in their absence.
- The landlord has applied for compensation following 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) RTA.
- The landlord claims $7,775.76 for rubbish removal. The photos provided by the landlord show a home that has been vacated with a considerable amount of belongings left, primarily outside and in the exterior buildings. The landlord’s evidence is that nothing could be sold because of the state it was in
- This claim is extremely high however I find it justified in evidence given the number of belongings left behind and that the claim includes a large structure the tenants had built that had to be disposed of.
- I also accept the charges incurred during the tenancy as owing given the landlord’s evidence that the tenant had accepted them and had commenced contributing to them.
- The amounts ordered are proven and considered reasonable in the circumstances.