Published tribunal order
Tenancy Tribunal case 4610130 — Rent arrears
Decided 9 Oct 2023 · Published 9 Oct 2023 · Application 4610130
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the parties’ names and identifying details.
- [The tenant/s] must pay [The landlord/s] $1,100.00 immediately, calculated as shown in the table below:
Reasons
- This matter was part heard on 31 July 2023 and adjourned to today’s date.
- Both parties attended the hearing today which took place by teleconference.
- On 31 July the Tribunal made directions that -“If either party intends to produce any additional documents at the next hearing, they must email them to remote.tenancy@justice.govt.nz at least 7 days before the date of the next hearing.” - “If the respondent tenant also has a claim they want dealt with at the next hearing, they must file their application and evidence in support with Tenancy Services within 14 days of this order and refer to the current application number.
- This tenancy commenced on 11 October 2021 and was for a one-year fixed term. The tenants rented a 2-bedroom inner city apartment for $300.00 per week. It was acknowledged by all parties that the premises have wear and tear on the carpet and walls and that the rent reflected the age and condition of the premises.
- On 10 October 2022 the one-year fixed term tenancy rolled over to a periodic tenancy.
- On 15 February 2023 the landlord issued a rent increase notice to increase the rent to $400.00 per week commencing 24 April 2023. The rent increase notice is compliant with the requirements of section 24 of the Residential Tenancies Act 1986.
- The tenants did not pay the increased rent.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing in the sum of $2200.00 to 17 September 2023.
- At the hearing on 31 July 2023 the tenants claimed that they should not pay the increased rent due to failure by the landlord to maintain the premises and to the condition of the premises and due to the rent being higher than market rent.
- The landlord agreed that the premises were old and worn but stated this was reflected in the rent and that even the increased rent of $400.00 per week was below the market rent for a lower quartile 2-bedroom apartment in the city. The landlord agreed to promptly address any maintenance issues raised by the tenants.
- The hearing was adjourned for further evidence and to enable the tenants to file claims and evidence in support of these claims.
- The tenants did not file any documents prior to today’s hearing.
- The landlord filed further evidence as follows: -Tenancy services market rent records recording the market rent for a 2- bedroom city apartment as $500.00 for the lower quartile, $560.00 median and $680.00 upper quartile. -A [Property Management Company] comparative market analysis by rent of city apartments. -A copy of property inspection reports dated 16 May and 11 September 2023 -Evidence of communication with tenant regarding maintenance issues
- During the hearing today the tenants forwarded photographs of the premises which confirmed that the carpet and walls are in a marked and worn condition. The landlord agrees that the carpet and walls are marked and worn but claims that this has increased during the tenancy.
- Neither party provided an incoming inspection report.
- Both parties agreed that the current property managers have acted promptly to address maintenance issues since the last hearing.
- Tenants have an obligation to pay rent when due and to notify the landlord of any damage to the premises or the need for any repairs. Landlords have an obligation to maintain premises in a reasonable state of repair having regard to the age and character of the premises.
- As the tenants have not filed a claim and evidence in support, I do not make a finding regarding market rent but observe from the Tenancy Services records provided by the landlord that even after the rent increase the weekly rent on this premises appears to be well below the lower quartile of rents for 2-bedroom apartments in the city.
- After hearing from the parties, the Tribunal finds that some set off is appropriate in this case due to communication difficulties with a previous property manager resulting in some maintenance delays, including but not limited to delay in investigating lighting repairs.
- Accordingly, the amount of rent arrears is halved, and the tenants are ordered to pay the amount of $1100.00 in rent arrears.
- The tenants have been informed that if they have any claims they wish the Tribunal to consider they may file an application and supporting evidence with Tenancy Services to be dealt with in the usual way.
- As both parties have had some success, I make no order regarding reimbursement of the filing fee.
- The Tribunal may on the application of any party or on its own initiative make a suppression order, having regard to the interests of the parties and to the public interest. Section 95A (4) Residential Tenancies Act 1986. The applicant has applied for suppression. Having considered the factors in this case the Tribunal considers that there is limited public interest in the party details being published and grants suppression of all identifying details.