Published tribunal order
Tenancy Tribunal case 4661293 — Rent arrears at Room 1, Unit/Flat 2B, 30 Upper Queen Street, Auckland
Decided 12 Sept 2023 · Published 12 Sept 2023 · Application 4661293
Mixed / unclear
- Rent arrears
Order
The Bond Centre is to pay the bond of $1,000.00 (5982313-006) to Vikrant Singh immediately.
Reasons
- Only the landlord attended the hearing. I am satisfied that the tenant has been properly notified of the hearing, so I will proceed to consider the matter in his absence.
- The landlord has applied for rent arrears and refund of the bond.
How much is owed for rent?
- The fixed term tenancy ended on 9 July 2023, by way of the tenant abandoning his tenancy 11 weeks early and not providing the landlord with the legal notice required.
- The landlord provided rent records which prove the full amount of rent arrears owing at the end of the tenancy was $2,750.00, for the full 11-week period to 24 September 2023. However, he only sought rent arrears of $1,000.00 for the initial four-week period of abandonment of the tenancy, from 9 to 30 July 2023.
Did the tenant comply with their obligations when ending the tenancy?
- On the application of the landlord, the Tribunal may make an order terminating a tenancy where it is satisfied that the tenant has abandoned the premises and the rent is in arrears.
- On 22 June 2023, by email, the tenant gave 2 weeks’ notice of his intention to abandon his fixed term tenancy, 11-weeks earlier than the agreed date of 24 September 2023.
- The landlord did not agree and refused to allow the tenant to reduce the term of the fixed term tenancy.
- The tenant moved out on 9 July 2023, taking all his possessions. In doing so, he abandoned his tenancy and was in breach of his contractual obligations to the landlord.
- Pursuant to section 61(3) of the Residential Tenancies Act 1986, a tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the earlier of the date of the expiry of the term or the date the landlord re-rents the premises to new tenants.
- The landlord had not found new tenants as at the date of this hearing. Therefore, the tenant is technically liable for the rent arrears for the full 11-week period, being $2,750.00. However, the landlord has only sought a portion of the rent arrears, being $1,000.00 for the period 9 to 30 July 2023.
- The amounts ordered are proved and I order the tenant to immediately pay the $1,000.00 rent arrears sought. Refund of bond sought by the landlord
- The Tribunal must consider the landlord’s application seeking refund of the $1,000.00 bond paid by the tenant to offset the rent arrears owed.
- Section 22B of the Residential Tenancies Act 1986 applies, that provision confirms that: (1) If there is a dispute between the parties as to the payment of a bond, either party may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid.
- The landlord emailed the tenant on 24 July 2023, seeking the tenant’s signature on the bond refund form to support the landlord’s application to for a full refund of the bond. The tenant did not respond.
- The landlord applied to the Tribunal for release of the bond in whole. In the absence of a counterclaim by the tenant, then the Tribunal must order that the bond be released to the landlord
- For the above reasons, in the absence of a counter claim from the tenant, the Tribunal orders that the full bond of $1,000.00 be refunded to the landlord to offset the rent arrear of $1,000.00 that the tenant has been ordered to pay.