Published tribunal order
Tenancy Tribunal case 4642449 — Rent arrears at 1A McHardie Street, Trentham, Upper Hutt 5018
Decided 29 Aug 2023 · Published 29 Aug 2023 · Application 4642449
Landlord favoured
- Rent arrears
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- Daytona Carroll - Skipper must pay Rentcare Property Management Limited $2,040.44 immediately, calculated as shown in table below: DescriptionLandlord Rent arrears(to 14 June 2023)$4,820.00 Filing fee reimbursement$20.44 Total award$4,840.44 Bond (already received by landlord)$2,800.00 Total payable by Tenant to Landlord$2,040.44
- The claim for rubbish removal costs is dismissed.
Reasons
- The landlord attended the hearing which was held by telephone. The tenant did not answer calls made to her mobile during the hearing.
- The landlord has applied for rent arrears and refund of the bond following the end of the tenancy.
- At the hearing the landlord was unsure whether the bond had been refunded. The bond centre records show that the bond was returned to the landlord in May 2023. The bond refund was not shown on the landlord’s rent summary. The landlord was given the opportunity to provide comment in relation to that issue but failed to do so.
- The landlord claimed rent arrears of $7,100 but the rent summary showed a transaction of $2,280 recorded as an “advance”. Ms Wharton explained that that was a payment to the property owner in respect of rent. She said that another transaction recorded as a payment by the tenant for a corresponding amount was a journal entry which neutralised the effect of the advance and was not, in fact, a payment from the tenant.
- A rent summary should only show transactions between the landlord and tenant in respect of rent; rent accrual and payments made. I take the rent summary at face value; that is that the transaction recorded as a payment by the tenant on 23 December 2023 was in fact a payment. I award rent arrears of $4,820.00
- The landlord also claimed rubbish removal costs (also recorded in the rent summary) but provided no evidence in support of that claim. It is dismissed.
- As the landlord was partially successful with its claims, I award reimbursement of the filing fee.