Published tribunal order
Tenancy Tribunal case 4904314 — Rent arrears
Decided 30 Aug 2024 · Published 30 Aug 2024 · Application 4904314
- Rent arrears
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the first named tenant’s name and identifying details.
- The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to Barfoot & Thompson Limited - Mt Albert as agent for Dayuan Luo immediately.
- [Tenant 1] and Jodie Hoffman must pay Barfoot & Thompson Limited - Mt Albert As Agent For Dayuan Luo (Rita) $6,515.67 immediately, calculated as shown in table below.
Reasons
- The landlord attended the hearing represented by Ms Wesche. [Tenant 1] appeared but there was no appearance by Ms Hoffman. [Tenant 1] advised that Ms Hoffman has left the country.
- The landlord has applied for rent arrears, electricity, break lease fees and refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- This was the tenancy of an apartment in [city]. The tenancy was for a fixed term from 18 July 2023 to 18 July 2024. The rent was $650 per week. The parties paid a bond of $2600.
- Ms Wesche explained that [Tenant 1] had approached the landlord on 23 April 2024 asking to leave the tenancy early. The landlord sent him an agreement for early release from a fixed term tenancy which provided that he would be responsible for rent until a new tenant was found together with costs reasonably incurred by the landlord in granting early release from the tenancy. [Tenant 1] signed and returned the form the same day, 24 April 2024.
- The landlord was unable to find a new tenant and the property remains empty. The landlord seeks rent until the end of the fixed term but no longer seeks the cost incurred in finding a new tenant as the fixed term has now ended without a tenant being found.
- [Tenant 1] explained that he and Ms Hoffman both signed the fixed term tenancy agreement but that she had left the tenancy without warning, leaving him to pay rent and all other expenses on his own. He said that at the same time he faced a reduction in income (as his work is commission based).
How much is owed for rent and electricity?
- The tenancy ended on 18 July 2024 and [Tenant 1] remained at the tenancy until that date. The landlord provided rent records which prove the amount owing at the end of the tenancy and these are accepted by [Tenant 1]. I therefore order payment of rent arrears by consent.
- The landlord also claims for outstanding electricity invoices from 29 November 2023 until 28 May 2024. Ms Wesche produced copies of a total of six monthly invoices together with the landlord’s invoices to the tenant and advised that none of these invoices had been paid. The total amount sought by the landlord is $839.85.
- [Tenant 1] confirmed that no electricity had been paid for the period claimed by the landlord.
- I am therefore able to order payment of electricity by consent, but I consider that it is appropriate to deduct the fixed charges included in those invoices.
- A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities (see s 39(3) Residential Tenancies Act 1986 (“RTA”)). Therefore, tenants are only liable for the electricity, gas, telephone and internet that they use, and for water charges based on consumption (s 39(4) RTA). They are not liable for fixed charges. In considering this matter I have reviewed a number of Tribunal decisions where fixed electricity charges have been deducted. I refer to [2024] NZTT 4822438 by way of example.
- I have therefore deducted the fixed charges of $473.20 from the amount claimed by the landlord of $839.85 and order payment of the balance of $366.65.
- The fixed charges have been calculated as follows: DateElectricity LevyFixed ChargesTotal
- 11.2023 - 29.12.20230.4767.80$68.27
- 12.2023 – 29.01.20240.4767.80$68.27
- 01.2024 – 27.02.20240.4763.43$63.90
- 02.2024 – 28.03.20240.2265.61$65.83
- 03.2024 – 29.04.20240.2475.58$75.82
- 04.2024 – 28.05.20240.3769.02$69.39 Sub-total$411.48 GST$61.72 Total$473.20 Filing fee and name suppression and related matters
- Because Barfoot & Thompson Limited - Mt Albert As Agent For Dayuan Luo (Rita) has substantially succeeded with the claim I have reimbursed the filing fee.
- The landlord does not seek name suppression. I consider it appropriate to suppress [Tenant 1]’s name, however. He had wished to settle this matter by agreement at mediation but was unable to because Ms Hoffman did not attend, and no agreement could be reached without her consent. [Tenant 1] has responsibly attended the hearing today, has explained his financial circumstances and has agreed to orders being made for the amounts owing. I do not consider that it is in the public interest to name him in these circumstances.
- This order is made against both tenants as both tenants are joint and severally liable for the amounts claimed by the landlord.