Published tribunal order
Tenancy Tribunal case 5131110 — Rent arrears at 2A Niagara Crescent, Lynfield, Auckland 1042
Decided 19 May 2025 · Published 19 May 2025 · Application 5131110
Landlord favoured
- Rent arrears
- Property damage
- Cleanliness
Order
- Lionel Smith and Carol Smith must pay Barfoot & Thompson Limited - As Agent For Sunny Sun $2,579.38 immediately, calculated as shown in the table below.
- The claim for replacement of a smoke alarm is withdrawn at the landlord’s request.
Reasons
- The landlord attended the video hearing represented by Mr Coleman. There was no appearance by the tenants who did not join the video link. The Tribunal attempted to telephone the tenants for the hearing, but the calls disconnected. I am satisfied that the tenants received notice of the hearing and did not attend.
- The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- A mediation was held on 19 March 2025 at which the tenant agreed to the following claims as recorded in the Mediator’s report: a. Rent arrears of $5,087.47; b. Water rates of $131.13; c. Costs to replace the damaged toilet seat of $264.50. d. Refund of the bond of $5,200 to the landlord.
- The remaining claims for further rent, cleaning and garden work were referred to the Tribunal for final orders to be made including the matters agreed at mediation.
How much is owed for rent?
- The tenancy ended on 14 January 2025, being the date nominated by the tenants in their notice to terminate the tenancy. The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The tenant did not leave the premises reasonably clean and tidy and did not tidy the garden as shown in photos produced in evidence by the landlord.
- The landlord has withdrawn its claim to replace one of the smoke alarms at the property.
- The amounts ordered are proved.
- The landlord has already received refund of the bond which has been accounted for in the above orders.
- As the landlord has succeeded with their claims, they are entitled to reimbursement of the filing fee. K Stirling, 19 May 2025