Published tribunal order
Tenancy Tribunal case 4829158 — Tenancy dispute at Unit/Flat 12, 1 Marine Parade, Paraparaumu Beach,
Decided 5 Sept 2024 · Published 5 Sept 2024 · Application 4829158
Landlord favoured
Order
- Jacqueline McDonald must pay Mark Rowden and Tracey Rowden $428.57 by deduction from the bond as calculated in the table below.
- The Bond Centre is to pay the bond of $1,200.00 (5568385-007) immediately apportioned as follows: Mark Rowden and Tracey Rowden: $428.57 Jacqueline McDonald: $771.43
Reasons
- Both parties attended the hearing by telephone and video conference.
- The tenant filed an application for refund of the bond.
- The landlord filed a cross application for rent arrears.
- After carefully reviewing the documentary evidence and oral submissions from both parties, I am satisfied that the parties agreed that the tenancy started on 21 June 2021 and ended on 23 February 2024. The start date in the tenancy agreement was 8 June 2021, but there is evidence of communications between the parties and the letting agent which confirms that the later date was agreed. Similarly, the end date of the tenancy was negotiated between the parties and there is evidence that the landlord advised that they were happy for the final rent payment to cover the period to 23 February 2024, although the landlord agreed the tenant could take a further 2-3 days to vacate.
- The landlord has provided rent records which prove the amount owing. There was much discussion about rent paid in advance and a missed rent payment during the tenancy. The tenancy agreement provided for the tenant to pay 2 weeks rent in advance. However, I am satisfied that only one week’s rent in advance was actually paid and was accounted for in the records. There was also a rent payment missed during the tenancy for the week starting 13 February 2023. This was not discovered by the landlords until the end of the tenancy. The tenant provided evidence that she requested assistance from WINZ to cover the payment and she says that her case officer said he would arrange it. However, there is no evidence that the payment was made, and the tenant says that it appears her case officer did not action her request. Unfortunately, both parties did not realise the payment was not made until the tenancy ended.
- In summary, the amount owed for rent of $1,028.57, being one week and 5 days arrears, is proved. The landlord has already received a partial bond refund of $600 that was processed in error. Accordingly, the tenant owes the balance of $428.57 which will be deducted from the bond.
- Neither party has wholly succeeded with their claims. Therefore, I make no order for reimbursement of the filing fee each paid. K Stirling, 04 September 2024