Published tribunal order
Tenancy Tribunal case 4850521 — Rent arrears at 12 Moore Street, Hillcrest, Auckland 0627
Decided 19 May 2024 · Published 19 May 2024 · Application 4850521
- Rent arrears
Party names are redacted in the official published order.
Order
- [The tenant/s] must pay [The landlord/s] $3,584.93 for rent arrears, water bills and filing fee, as calculated and shown in table below. DescriptionLandlord Rent arrears$7,000.00 Filing fee reimbursement$20.44 Water rates$164.49 Total award$7,184.93 Bond-$3,600.00 Total payable by Tenant to Landlord$3,584.93
- The Bond Centre is to pay the bond of $3,600.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for rent arrears, water bill, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
- The tenancy ended on 4 April 2024. The landlord provided rent records and water rates invoices which prove the amount $7000.00 in rent arrears and $164.49 in water bills owing at the end of the tenancy.
- The tenant accepts that they owe the rent arrears and water bills.
- I am satisfied that the landlord has proven their claims for rent arrears and water bills.
- The bond is to be refunded to the landlord to offset the debt owed by the tenants to the landlord.
- After the bond is refunded the tenants still have a remaining balance of $3584.93 owing to the landlord. The tenants have offered to repay the remaining amount at $800.00 per week starting 9 May 2024 until the debt is repaid in full. Suppression:
- The landlord had applied for suppression and as they have been successful, I am granting suppression.
- During the hearing, the tenants sought suppression of their name and details.
- Generally, a party that had no application before the Tribunal and who had an order made against, would not be granted suppression.
- The tenants have asked for suppression and the landlord supports their application.
- I am granting suppression to the tenants. I am satisfied that is appropriate to do so given the unique and distressing circumstances that lead to the rent arrears and the potential effect on the employment of one of the tenants. The tenant’s employment would not be adversely altered by this order, but public knowledge of the claim would cause unnecessary embarrassment, emotional harm, and stress to the tenants.
- S85(2) Residential Tenancies Act 1986 (RTA) allows the Tribunal to determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case but shall not be bound to give effect to strict legal rights or obligations or legal forms or technicalities.
- The tenants have terminated the tenancy themselves, have acknowledged the rent arrears and taken steps to remedy the debt immediately.
- Given all the circumstances it is right to grant the tenants suppression of their names and identifying details.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.