Published tribunal order
Tenancy Tribunal case 5017149 — Rent arrears at Unit/Flat Flat 2, 76 Cambridge Terrace, Waterloo, Lower
Decided 10 Dec 2024 · Published 10 Dec 2024 · Application 5017149
Landlord favoured
- Rent arrears
Order
- Adriee Evans and Theodore Weston owe Oxygen.co.nz Limited as agent for King Kong's Family Trust $875.40, calculated as shown in the table below.
- The Bond Centre is to pay $875.40 from the bond of $2,600.00 (3300816-010) to Oxygen.co.nz Limited as agent for King Kong's Family Trust immediately.
- The balance of the bond of $1,724.60 is to remain at the Bond Centre.
- Osygen.co.nz agrees to not pursue Adriee Evans for payment of any other rent arrears in relation to this tenancy.
Reasons
- Both parties attended the hearing.
- Adriee Evans and Theodore Weston rented the property together. Ms Evans was a tenant up to 11 November 2024. Therefore, Mr Weston tenanted the property himself. Mr Weston remains a tenant today.
- The landlord has applied for rent arrears, partial refund of the bond and reimbursement of the filing fee. Rent arrears
- The landlord sought an order for rent arrears up to 11 November 2024. The landlord provided a rent summary, which proves that rent arrears were $1,696.79 on this date. The landlord only sought an order for half of this amount, namely $848.40 and requested that this be deducted from the bond. The landlord claims that this amount represents the arrears up to 11 November 2024 owed by Ms Evans, which is half of the total amount. The landlord advised that they will not pursue Ms Evans further for any other arrears arising in relation to this tenancy.
- The landlord advised that they are in private negotiations with Mr Weston as to payment of the other half of rent arrears owing up to 11 November 2024, as well as additional arrears incurred from 11 November 2024 up to the date of the hearing.
- Ms Evans disputes that she is liable to pay any arrears and states that any order for rent arrears up to 11 November 2024 should be made against Mr Weston only. Ms Evans claims she and Mr Weston had an agreement as to how payment of the rent would be split between them. Ms Evans claims she always paid her portion and Mr Weston did not. Therefore, Ms Evans claims that Mr Weston is solely responsible for any arrears incurred up to 11 November 2024.
- Tenants are jointly and severally liable for the payment of rent. Any private agreement between tenants as to how the rent is to be paid between them does not influence a finding as to whether the tenant is in arrears or not. If Ms Evans considers that Mr Weston is solely responsible for any arrears incurred up to 11 November 2024 and should reimburse her that part of the bond paid out pursuant to this order, she may file a claim against Mr Weston in another jurisdiction.
- The landlord’s claim for rent arrears of $848.40 is granted in full. Filing fee
- Because Oxygen.co.nz Limited as agent for King Kong's Family Trust has wholly succeeded with the claim I must reimburse the filing fee.