Published tribunal order
Tenancy Tribunal case 5183336 — Rent arrears at Unit/Flat 1, 5A Waerenga Road, Otaki, Otaki 5512
Decided 16 May 2025 · Published 16 May 2025 · Application 5183336
Landlord favoured
- Rent arrears
Order
- Monica Rose Pointon and Mitchell Rolfe must pay Okahu Limited $1,612.00 immediately, being rent arrears to 26 March 2025. DescriptionLandlord Rent arrears to termination on 26 March 2025$3,565.00 Filing fee reimbursement$27.00 Total award$3,592.00 Bond paid but not lodged$1,980.00 Total payable by Tenant to Landlord$1,612.00
Reasons
- Only the landlord attended the hearing.
- The landlord applied for termination of the tenancy for rent arrears however the tenants terminated the tenancy prior to the hearing. Rent arrears
- The landlord has provided rent records for rent to 26 March 2025. The record shows $4,455.00 is the amount due for rent in the period from the start of the tenancy on 29 January 2025. The tenants paid two weeks rent in advance, being $890.00. The balance owing is $3,565.00.
- The landlord received a bond of $1,980.00 but did not lodge the bond as is required by section 19(1) Residential Tenancies Act 1986. A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received.
- Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
- The tenants did not lodge an application for exemplary damages for this unlawful act and so the Tribunal is unable to order exemplary damages in this case. Suppression
- The landlord has applied for name suppression. Section 95A(1) of the Residential Tenancies Act 1986 provides that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- The failure of the landlord to lodge tenants’ bonds has happened on several occasions. Prospective tenants need to be warned that the landlord may not secure their funds with the Bond Centre. It is in the public interest that this order is published without suppression. Filing Fee
- Because the landlord has been largely successful with the claim the filing fee of $27.00 is ordered to be paid by the tenant. Cleaning
- The landlord has claimed costs of cleaning at the end of the tenancy. An invoice has been provided. The landlord has not provided any other evidence such as photographs in support of the claim. Therefore the Tribunal does not have a means to verify the claim for cleaning costs. The landlord has made many claims to the tribunal and should know the importance of providing adequate evidence. The claim for cleaning costs is dismissed.