Published tribunal order
Tenancy Tribunal case 5168136 — Rent arrears at 38 Tidey Road, Mount Wellington, Auckland 1072
Decided 20 Mar 2025 · Published 20 Mar 2025 · Application 5168136
Landlord favoured
- Rent arrears
Order
- Minh Ly Pham and Lam Ho Van must pay Evergold Property Management Limited As Agent For Kejmn Cheung Trust $4,674,84 immediately, calculated as shown in table below.
- The Bond Centre is to pay $3,740.00 from the bond of $3,740.00 (5769237- 002) to Evergold Property Management Limited As Agent For Kejmn Cheung Trust immediately.
Reasons
- The landlord attended the hearing which was held by teleconference. The tenant did not answer either of the calls made at the scheduled time on the numbers provided to the Tribunal.
- Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenant’s absence.
- The landlord has applied for rent arrears, compensation, 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?
- A one-year fixed-term tenancy was signed by both parties on 29 July 2024. This was due to end on 28 July 2025.
- The landlord stated that in February 2025 the tenant emailed the landlord to say she had moved overseas and would not be returning. On 17 February 2025 the landlord entered the property and ascertained it had been abandoned. On 26 February 2025 the tenant emailed the landlord to say a friend had left the keys and remote controls for the property in the letterbox. On 27 February 2025 the landlord took possession of the property.
- The landlord then started advertising for new tenants. A suitable tenant has been found and will move into the property on 13 April 2025. The landlord is therefore seeking rent arrears up until 12 April 2025. This amounts to $8,281.43.
- A final water reading was done and water rates owing is $26.66.
- The amounts ordered are proved. Reletting expenses
- A landlord is entitled to recover from an outgoing tenant any expenses reasonably incurred by the landlord in respect of the tenant parting with possession of the tenancy. See Residential Tenancies Act, 1986 section 44A(1).
- The landlord is seeking the following expenses: a. Advertisements; $119.00 b. 5 x half hour viewings; $200.00 c. Travel for viewings; $290.00 d. Exit inspection costs; $196.00 e. Travel to meet cleaner; $65.00
- This amounts to $870.00.
- I accept that advertisements and viewings are reasonable costs relating to the tenant parting with possession of the property part way through the fixed-term tenancy.
- I don’t agree that the property manager’s travel costs and inspection costs are reasonable costs that the tenant should be expected to meet, and I don’t make any award for these costs.
- The tenant is being charged rent for almost nine months of a 12-month fixed- term tenancy. At the end of this tenancy, the landlord would be liable for 100% of the reletting costs. Therefore I consider that because only 25% of the tenancy is left to run, the tenant is only liable for 25% of the reletting expenses, 25% of $319.00.
- This amount is proved
- Because Evergold Property Management Limited As Agent For Kejmn Cheung Trust has substantially succeeded with the claim I have reimbursed the filing fee.