Published tribunal order
Tenancy Tribunal case 4930653 — Rent arrears at 17 Waldegrave Street, Palmerston North, Palmerston North
Decided 20 Aug 2024 · Published 20 Aug 2024 · Application 4930653
- Rent arrears
Order
- [The tenant/s] must pay Rentcare Property Management Limited $5,774.00 immediately, as shown in the table below:
- The Bond Centre is to pay the bond of $2,500.00 (3281327-009) to Rentcare Property Management Limited immediately.
- Enforcement of this Order (excluding payment of the bond to the landlord) is stayed until 10 September 2024. If by then the tenant has filed an application setting out details of her claims for compensation and exemplary damages, this Order should remain stayed pending further order of the Tribunal. If by then no such application has been filed, this Order may be enforced.
Reasons
- Both parties attended the hearing which was held by teleconference. Background
- The tenant had withheld rent in lieu of compensation she believed she was entitled to for multiple issues with the property.
- On 14 February 2024 the Tribunal issued an Order (application 4764418) providing that: a. the tenant it was required to pay rent of $625.00 per week, failing which the tenancy would end; b. the tenant was entitled to have her compensation and exemplary damages claims heard; c. until those claims were heard, the extent of the rent arrears owed by the tenant could not be determined; d. the tenant was to file her application setting out those claims no later than Friday 23 February 2024.
- The tenant did not file that claim but says she unsuccessfully tried to file that claim yesterday.
- The tenant did not pay rent as directed and the landlord had the termination Order enforced, meaning that the tenancy ended on 19 March 2024. The landlord has provided a rent summary showing the rent owed to that date.
- The hearing of that application was adjourned to 5 June 2024. The landlord failed to appear on that date and the application was dismissed. The landlord then filed this application.
- The tenant has filed no evidence in reply although, as noted, she says that she tried to do so yesterday.
- Given that these claims have been before the Tribunal for quite some time and the tenant has still not filed her application for compensation and exemplary damages, six months after the required a date, I find that it would be unjust to the landlord not to release the bond and determine the rent arrears claim.
- That does not prevent the tenant from pursuing her claims and if an application is filed, enforcement of this Order (except release of the bond) should be stayed until that claim is determined.
- Because Rentcare Property Management Limited has succeeded with the claim I must reimburse the filing fee.