Published tribunal order
Tenancy Tribunal case 5127333 — Rent arrears at 18 Suva Street, Upper Riccarton, Christchurch 8041
Decided 18 Feb 2025 · Published 18 Feb 2025 · Application 5127333
Landlord favoured
- Rent arrears
Order
- The tenancy of Te Tuhi Iraia Tipene and Marlene Tipene at 18 Suva Street, Upper Riccarton, Christchurch 8041 is terminated, and possession is granted to Wongeoon Vast Limited, at 11.59pm on Friday 21 February 2025 .
- The Bond Centre is to pay the bond of $1,760.00 (5132709-002) to Wongeoon Vast Limited immediately.
- Te Tuhi Iraia Tipene and Marlene Tipene must pay Wongeoon Vast Limited $7,280.95 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the hearing, as did Marlene Tipene. Her brother and co- tenant Te Tuhi Tipene did not attend the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- Te Tuhi Tipene was joined as a tenant on 24 May 2024. At that date rent was in credit. The rent summary records that $101.76 more than was owed had been paid in rent for the week ending 28 May 2024 (being the rent week that 24 May falls in). Therefore the rent arrears have accumulated during the time Te Tuhi Tipene and Marlene Tipene were joint tenants.
- The rent summary shows $8,688.24 rent is owed to the rent week ending 17 February 2025. A further $325.71 is owing for 18 to 21 February 2025. Any rent that is paid by the tenants prior to 21 February 2025 is to be deducted from the amount ordered as owing to that date.
- Tenants who enter into a tenancy together are jointly and severally liable. That means that all tenants are equally responsible or liable (even without personal fault) for carrying out the full terms of the contract. If any obligations are breached, such as rent arrears, then each tenant is jointly liable with the other tenants and separately liable for the breach. Simply put, the landlord may sue just one tenant for the arrears owed or all the tenants as all the tenants are fully responsible for any breach.
- Marlene Tipene said she had paid her share of the rent and the arrears were caused as her brother had not paid his share of the rent. However as she is a joint tenant Marlene Tipene is legally responsible along with her brother for the arrears. Accordingly an order against both tenants is made.
- Marlene Tipene gave the landlord 28 days’ notice to end the tenancy on 24 January 2024. The tenancy is a periodic tenancy. Notice from one tenant where there are multiple co-tenants in a periodic tenancy is deemed to be notice to terminate the whole tenancy 1 .
- The landlord accepts 21 February 2025 as the end date of the tenancy.
- The rent record provided by the landlord establishes that rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986. Bond
- The landlord said he received a refund of the bond ($1,760.00) on 23 October 2023 and was waiting for Marlene Tipene to sign and return a bond lodgement form so that he could lodge the bond. However as it was not returned the landlord said he did not lodge the bond.
- Accordingly the bond is recorded as being held by the landlord. 1 . Takarangi v Summit Property Management Limited [2023] NZDC 11628 Filing Fee
- The landlord is entitled to reimbursement of the filing fee as he hs been successful in his claim.