Published tribunal order
Tenancy Tribunal case 5014909 — Rent arrears at Unit/Flat 6, 58 Allendale Road, Mount Albert, Auckland 1025
Decided 23 Jan 2025 · Published 23 Jan 2025 · Application 5014909
Mixed / unclear
- Rent arrears
Order
- LeeRoy Takerei must pay Dante Moulton $741.75 immediately, being rent arrears to 22 September 2024.
- The Bond Centre is to pay the bond of $1,080.00 (5721112-002) to Dante Moulton immediately.
Reasons
- Both parties attended the hearing. The landlord attended the video hearing. Mr Takeri and Ms Angell joined the hearing part-way through via phone. When they joined the hearing, I provided a summary of the matters discussed to that point.
- The landlord has applied for rent arrears and compensation for carpet cleaning. Rent arrears
- The landlord has provided rent records which prove the amount owing at the end of the tenancy (22 September 2024). The landlord’s records show Ms Angell paid full rent throughout the tenancy, but that Mr Takerei missed several payments.
- Mr Takerei accepts that $1,861.75 was owing at the end of the tenancy but says he has recently begun paying arrears off in weekly instalments of $20. Mr Takerei said he had made three payments of $20 (total $60) since December 2024.
- Upon checking her bank account, the landlord confirmed her bank records showed two payments, each for $20, had been received on 9 January 2025 and 23 January 2025. The landlord accepted the total owed in rent arrears should therefore be $1,821.75.
- Mr Takerei was unable to say what date the third payment of $20 had been paid, and the landlord could not identify any further payments from Mr Takerei.
- I find only $40 of the rent arrears has been repaid, and the total owed in rent arrears is $1,821.75. Refund of the bond
- The landlord seeks refund of the bond in partial payment of the outstanding rent arrears. Ms Angell asked that “her portion” of the bond be refunded to her.
- A bond is paid under a tenancy agreement as security for the observance and performance of the tenant’s obligations under the agreement (see section 2 of the Residential Tenancies Act 1986). The tenants are jointly and severally liable for all obligations under the tenancy agreement, and as such, I order that the bond be released to the landlord in partial payment of the rent arrears.
- The landlord has elected to pursue the remaining rent arrears (after refund of the bond) from LeeRoy Takerei only. It was open to the landlord to seek payment from both Mr Takerei and Ms Angell, because, as stated above, tenants are jointly and severally liable for the payment of rent. In this case, the landlord notes that as Ms Angell paid rent in full during the tenancy, the landlord wishes to pursue the remaining arrears against Mr Takerei only.
- Given the landlord’s records show Ms Angell paid her rent in full during the tenancy, I accept that only Mr Takerei should be liable for the remaining rent arrears and make an order accordingly. 1 1 See section 78(1)(d) of the Residential Tenancies Act 1986. Compensation for carpet cleaning
- The landlord had also made a claim seeking compensation for carpet cleaning at the end of the tenancy.
- At the hearing, the landlord stated the claim was no longer pursued.
- I dismiss the claim for carpet cleaning.