Published tribunal order
Tenancy Tribunal case 4560931 — Rent arrears at 19 Sonia Avenue, Remuera, Auckland 1050
Decided 8 Sept 2023 · Published 8 Sept 2023 · Application 4560931
- Rent arrears
- 14-day notice
- Exemplary damages
Order
- [The tenant/s] owes Onecall Property Management Limited as agent for Dennis Cham $1,250.00 (“the debt”) for rent in advance.
- [The tenant/s] must pay rent and the debt as follows: a. By 25 weekly payments of $1,200.00, being $1,150.00 for rent and $50.00 for the debt. b. Payments will be every Sunday, with the first payment on 10/09/2023 and continuing until 03/03/2024.
- All other claims are dismissed.
Reasons
- Tanya Shi attended the hearing for the landlord’s agent.
- The tenant did not attend.
- The landlord applies for an order that the tenant pay $1,250.00 so that the tenant is paying rent in advance as required under the tenancy agreement.
- The tenant applies exemplary damages for the landlord “trying to harass and extort extra funds from me dating is a ‘rental advance’”. The tenant’s application for an adjournment
- The tenant emailed the Tribunal late yesterday afternoon seeking and adjournment. Her email stated: Kia Ora guys'' just replaying to your email for the meeting this week, we wont be able to attend due to a case of Covid 19 inside our household. Long Covid. could we reschedulr please as i dont want to come and spread my germs. thankyou.
- Yesterday, the Tribunal declined the adjournment but granted the tenant leave to attend by telephone. Today at the hearing, the Tribunal telephoned the tenant on several occasions, the last being at 10:24am.
- I proceeded with the hearing in the tenant’s absence. In respect to the that application for an adjournment yesterday. It was made extremely late. The Tribunal did not grant the adjournment. The application was made without any supporting medical evidence was provided. This would be the second adjournment of the matter due to the tenant claiming Covid-related problems. The tenant’s concern that she would “spread her germs” did not require an adjournment. The tenant could attend remotely as the Tribunal directed yesterday. The substance of the matter before the Tribunal appears to be of a routine nature. The Tribunal is very busy dealing with cases that and it should not be clogged with cases without good reason. Rent in advance
- The landlord provide a rent summary which proved that the tenant is $1,150.00 behind in her obligation to pay rent one week in advance. As a result, for example, at today’s date, the tenant’s arrears stand at $757.14.
- It is not in the interests to be constantly going into arrears as it makes the tenancy vulnerable to termination for recidivist rent arrears. 1
- The rent summary indicates the tenant is already regularly paying $50.00 in addition to rent to remediate the rent not being paid in advance. I formalise that apparent resolution by requiring the tenant to pay $50.00 in addition to rent weekly until rent is in advance as it should be. 1 Section 55(1)(aa). Interference with reasonable peace
- As discussed, the tenant has not attended to prosecute her claim. The claim relates to for the landlord’s agent performing its professional role to urge the tenant to comply with her obligations under the tenancy agreement. If so, it is unlikely the Tribunal would find in the tenant’s favour in any event.
- The tenant’s claim is dismissed for want of prosecution and so as to not clog the Tribunal with unnecessary claims.