Published tribunal order
Tenancy Tribunal case 4751710 — Rent arrears
Decided 16 Feb 2024 · Published 16 Feb 2024 · Application 4751710
- Rent arrears
- Property damage
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 Landlord’s name and identifying details.
- The Bond Centre is to pay the bond of $2,160.00 ([Bond number suppressed]) to the Landlord immediately.
- Leanne Lola King must pay the Landlord $3,890.44 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing. The tenant did not.
- I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
- I tried to call the tenant on the mobile number provided and got no response. The tenant was sent the link to the video hearing by Tenancy Services with the notice of hearing and did not log into the video hearing platform either.
- 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?
- The tenancy is a 12-month fixed term tenancy that commenced on 15 May 2023 and was due to end on 12 May 2024.
- The tenant unilaterally terminated the tenancy without consent from the landlord and vacated the premises on 23 November 2023. Pursuant to s50(1)(a) of the Residential tenancies Act 1986 (“RTA”) the tenant remains liable for the rent until the end of the fixed term period or until a new tenant moves into the premises.
- The landlord was unable to get a new tenant until 15 January 2024. Therefore, the tenancy ended on 14 January 2024, and the tenant remains liable for the rent to that date.
- The landlord provided rent records which prove the amount owing at the end of the tenancy.
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
- The tenant removed 9 light bulbs from the premises when she left. The landlord had to replace those light bulbs. The tenant is liable for the $90.00 replacement cost.
- The amounts ordered are proved. Bond
- Shane Miller and Leanne Lola King both signed the fixed term tenancy agreement.
- On 26 October 2023, Mr Miller negotiated with the landlord to end his tenancy early. He completed a change of tenant form, was reimbursed his bond of $1,080.00 and released from any further obligations under the tenancy agreement.
- Ms King indicated that she wished to remain in the premises after Mr Miller left and the landlord requested, she pay the full rent of $540.00 per week and the $1,080.00 bond that it had reimbursed directly to Mr Miller rather than asking the Bond Centre to release half of the bond to him and then having to resubmit what Ms King paid to it. Ms King agreed to pay the full rent and to reimburse the $1,080.00 bond to it. She stopped paying rent from 26 November 2023 and at that time had not reimbursed the landlord for the $1,080.00 bond she owed it. Reimbursement of filing fee
- Because the Lanldord has wholly succeeded with the claim I must reimburse the filing fee.