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A house fire, rubbish, unmown lawns- debt collector to chase tenant

Author
Natalie Akoorie,
Publish Date
Wed, 17 Jan 2024, 6:42PM
A tenant left a house unclean, with rubbish and unmown lawns. The property manager also found a cockroach infestation like the one pictured and had to call pest control on behalf of the landlord. Photo / Greg Bowker
A tenant left a house unclean, with rubbish and unmown lawns. The property manager also found a cockroach infestation like the one pictured and had to call pest control on behalf of the landlord. Photo / Greg Bowker

A house fire, rubbish, unmown lawns- debt collector to chase tenant

Author
Natalie Akoorie,
Publish Date
Wed, 17 Jan 2024, 6:42PM

A tenant who started a fire at their rental property while cooking had only partially paid for the damage before leaving behind rubbish, overgrown lawns and a major cockroach infestation when they vacated the house.

Aucklander Talanoa Moeaki was found to owe a total of $15,510 and was ordered to immediately pay the landlord $10,151 in clean-up costs and rent arrears after the case ended up in the Tenancy Tribunal.

But the December 7 tribunal order has so far been ignored by Moeaki and it has been referred to debt collectors.

Landlord Aradhana Lal said she was out-of-pocket by about $15,000 and disappointed by the tenant’s failure to pay the order.

Moeaki gave notice and left the rental on July 20 last year, according to the tribunal decision of adjudicator Bryan King.

Lal, through Ray White Papatoetoe property management, applied to the tribunal and won costs for unpaid rent of $12,611, unpaid water rates of $164, pest control of $95, cleaning and rubbish removal of $2000, lawns and garden work of $74 and the $20 filing fee.

She was also awarded $398 for insurance excess for the fire and $146 for an electrical call-out fee after Talanoa complained there was no hot water but an electrician found the isolator switch had been turned off by the tenant.

The total award of $15,510 was reduced by reimbursement of the $1920 bond to $13,590.

Lal attended a hearing on the case but Talanoa did not, King said.

Lal provided rent records and water rates invoices proving the amount owing on the Ōtāhuhu property at the end of the tenancy.

King said the tenant did not leave the premises, a three-bedroom house, reasonably clean and tidy and did not remove all rubbish.

“Photographs and the final inspection notes show that the property was left in an unclean state with a major cockroach infestation, dirty floors and surfaces and with rubbish left.

“Lawns were left overgrown and the landlord is entitled to be reimbursed the cost of having the lawns mowed and proved by the invoice provided.”

King said the landlord engaged commercial cleaners to clean the property and remove rubbish, which cost the owner $3836 however he awarded only $2000 for the work because the amount was disproportionate to the state the premises were left in.

“The cleaning work undertaken included cleaning of all windows inside and out, all walls and ceilings washing the whole exterior of the house and pressure cleaning the driveway.

“In my view, such an extensive clean exceeds the obligation on the tenant.”

He added that the final inspection report noted the carpets were old, faded, stained and in need of replacement.

“They were steam cleaned anyway in the hope that they could remain viable for another tenant but they could not and have been replaced.”

With regard to the house fire, King said the owner made an insurance claim to cover the repair cost and the tenant accepted responsibility to reimburse the landlord for the insurance excess.

“The tenant has made some payments toward the excess but has not reimbursed the landlord fully.”

Lal, who owns one other rental, said she’d had several issues with various tenants in the Ōtāhuhu house, which was why she sought the services of a property manager.

The unpaid order had now been referred to debt collectors.

Ray White Papatoetoe head of property management Lexi van Heemert declined to comment on the specific case to uphold the privacy of the tenant.

However, she said in some cases Tenancy Tribunal proceedings were required.

“Tribunal situations can arise for many reasons, and while a listed tenant is always responsible for their tenancy, issues can also arise that they may not have intentionally caused, such as unexpected job loss or damage caused by visitors.

“To try and help prevent Tenancy Tribunal outcomes, landlords should conduct thorough due diligence when vetting potential tenants, including a comprehensive search of the Tenancy Tribunal database, as you have done.”

NZME was unable to locate Moeaki for comment.

Natalie Akoorie is a senior reporter based in Waikato and covering crime and justice nationally. Natalie first joined the Herald in 2011 and has been a journalist in New Zealand and overseas for 28 years, more recently covering health, social issues, local government, and the regions.

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