Published tribunal order
Tenancy Tribunal case 5123583 — Rent arrears at 98B Carrington Road, Mount Albert, Auckland 1025
Decided 28 Feb 2025 · Published 28 Feb 2025 · Application 5123583
Landlord favoured
- Rent arrears
Order
- Jayne Katuke must pay Home365 Property Management Limited as agent for Guang Wu $2,983.67 immediately, calculated as shown in table below.
- The Bond Centre is to pay the bond of $2,760.00 (5540614-011) to Home365 Property Management Limited as agent for Guang Wu immediately.
Reasons
- Only the landlord attended the hearing represented by Ms Yin. There was no appearance by the tenant. I am satisfied that the tenant has been served with the application in accordance with the provisions of the Residential Tenancies Act 1986 (RTA) and so the hearing proceeded in the tenant’s absence.
- The landlord has applied for rent arrears, water arrears, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
- This was a fixed term tenancy which began on 16 December 2023 and was due to end on 16 January 2025.
- The landlord said that the tenant contacted them on 6 November 2023 and asked to be released from the fixed term. The landlord was prepared to consider releasing the tenant from the fixed term and said that they could discuss terms and look for a new tenant but the tenant did not want to take matters further.
- However on 29 December 2024 the landlord was told by a neighbour that the tenant may have moved out. The landlord attempted to contact the tenant over the next two weeks without success to confirm that they had in fact moved out.
- As the fixed term was due to end and the landlord was not certain that the tenant would not be returning, the landlord waited until 16 January 2025 and then advertised the property. It has now been re-let.
- The landlord is entitled to rent arrears owing until the end of the fixed term in the amount of $5224.29. The landlord produced a rent summary confirming the amount.
- The landlord also produced water invoices together with a statement showing that there are water arrears in the amount of $402.38 owing to the end of the tenancy.
- Because Home365 Property Management Limited as agent for Guang Wu has wholly succeeded with the claim I must reimburse the filing fee of $27.00.