Published tribunal order
Tenancy Tribunal case 5030528 — Rent arrears at Unit/Flat 11, 12 Wellington Street, Hamilton East, Hamilton
Decided 4 Feb 2025 · Published 4 Feb 2025 · Application 5030528
- Rent arrears
Order
- [The tenant/s] must pay Plan Investments Limited $3,368.25, calculated as shown in the table below:
- The tenant must pay the debt in order 1 by 3 instalments of $1,122.75 each to be paid no later than: a. instalment 1 - Friday 28 February 2025; b. instalment 2 - Friday 28 March 2025; c. instalment 3 - Friday 25 April2025
- If the tenant fails to make any payment required by Order 2 within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
Reasons
- Both parties attended the hearing which was held by videoconference. The tenant attended by phone. The landlord was represented by Mr Lin.
- This was a fixed term tenancy for a term from 28 September 2023 to 2 October 2024.
- The tenant wanted to end the tenancy before the end of the fixed term and advised the landlord. The landlord made attempts to find new tenants for the unit but says that two other units are also vacant and that a new tenant was not able to be found before the end of the fixed term. The landlord’s evidence is that the premises remain vacant as at the date of the hearing.
- The tenant moved out in August 2024.
- The landlord claims rent through to the end of the fixed term on 2 October 2024. Because this is a fixed term tenancy and because I find that the landlord has taken reasonable steps to try and mitigate the loss arising from the tenants wish to end the tenancy early, by trying to find new tenants (see s.49 RTA), the tenant is responsible for rent through to the end of the fixed term. The landlord has provided rent records which prove the amount owing to that date.
- The Order accounts for the bond having already been received by the landlord.
- The premises has electricity use metered by separate meters for the main supply and for the hot water supply. The landlord has provided calculations and photographs showing the meter readings at the start and end of the tenancy and the total payable for electricity used during the tenancy, with allowance for the electricity prepayments made by the tenant. I find the amount claimed approved.
- The landlord also claims reimbursement for the cost of replacing 2 Council rubbish bins at the property which he says he will be charged $240.00 for in due course. The agreement shows that rubbish bins were provided at the start of the tenancy and I have no reason to disbelieve the landlord’s evidence that the bins were not there when the tenancy ended. The tenant’s evidence is that he has no idea where the bins went and the landlord himself says that they are often misused by other residents.
- In terms of s.49B(2) RTA the evidence does not persuade me that the bins were lost through any intentional, careless or negligent act on the tenant’s part and I do not find that he is required to meet the cost of replacement bins.
- The arrangements for payment of the debt have been agreed by the parties.
- Because Plan Investments Limited has substantially succeeded with the claim I must reimburse the filing fee.