Published tribunal order
Tenancy Tribunal case 4917660 — Rent arrears at 60 Alexander Avenue, Torbay, Auckland 0630
Decided 5 Aug 2024 · Published 5 Aug 2024 · Application 4917660
- Rent arrears
Order
- The tenancy of [The tenant/s] at 60 Alexander Avenue, Torbay, Auckland 0630 is terminated, and possession is granted to [The landlord/s], at 11:59pm on 9 August 2024.
- [The tenant/s] must pay [The landlord/s] $1,859.92 immediately, calculated as shown in the table below:
- The Bond Centre is to pay the bond of $1,980.00 (6514285-001) to [The landlord/s] immediately.
- The tenant must carry out the following work order to the premises; repair the broken window in lounge / dining room area, which must be completed by 11:59pm on 9 August 2024.
- As an alternative to compliance with Order 4, the tenant must pay the landlord $200 immediately.
- If the tenant fails to comply with either Order 4 or 5 above, then the landlord may undertake the work and charge the tenant the costs of this work up to $200. These costs may be treated as rent in arrears and enforced accordingly.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and payment of outstanding water rates.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord provided rent records which prove the amount owing of $3,520.00 through to 5 August 2024. The tenant has accepted that these rental arrears are outstanding.
- Although possession is given to the landlord on 9 August 2024, I have only ordered rent arrears to 5 August 2024 as I do not know when the property will actually be vacated by the tenant, however the tenant remains liable for rent until they vacate, or possession is granted to the landlord.
- In addition, there are water rates (consumption) outstanding of $299.48. The landlord has provided records of these invoices which prove the amount owning and the tenant accepts that these invoices have not been paid.
- There is a bond of $1,980.00, and this has been taken into account when calculating the total amount the tenant must pay to the landlord. Window repair work order
- The landlord claims, and the tenant does not dispute, that the tenant has carelessly broken the window in the lounge / dining room area. The tenant has made assurances since April 2024 to have this repaired using his own construction contacts, however the window remains damaged. The landlord wants the problem fixed prior to taking possession.
- The tenant has obtained quotes for the work and believes it would cost around $200 to repair and the landlord did not dispute this amount, however both parties have agreed to the tenant carrying out the work to repair the window.
- Although the work order is made by consent, as the tenancy will end soon, I have made consequential money orders for non-compliance to enable the landlord to recover the cost of the window repair should the tenant not do the work.
- A work order may also authorise the landlord to undertake the work and charge the tenant the costs of doing the work, if the tenant should fail to comply with the work order and alternative monetary order.
- A monetary limit must be imposed by the Tribunal on the amount of costs that can be charged. These costs can be treated as rent in arrears and enforced accordingly. I have used the estimated costs of repair of $200 that was discussed by both parties as the alternative monetary amount. See sections 78(2AAB) and 78(2AAC)(a) Residential Tenancies Act 1986.
- Because [The landlord/s] has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 05 August 2024