Published tribunal order
Tenancy Tribunal case 5056028 — Rent arrears at 74 Tukari Lane, Mangere Bridge, Auckland 2022
Decided 22 Jan 2025 · Published 22 Jan 2025 · Application 5056028
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- Petimara Lee must pay [The landlord/s] $4,500.00 immediately, calculated as shown in table below.
Reasons
- The landlord attended the video hearing via phone. The tenant did not attend. A call to the tenant’s last known mobile number went to voicemail.
- The landlord has applied for rent arrears, compensation for water rates, and an order that the tenant pay the outstanding amount owed as bond. The landlord also seeks reimbursement of the filing fee.
How much is owed for rent and water rates?
- Shortly before the hearing, the landlord filed updated records that show the water rates have been paid. At the hearing, the landlord confirmed they no longer seek an order for water rates and I dismiss that claim.
- The landlord provided updated rent records which prove the amount owing in rent and rent arrears to 23 January 2025. I make an order for payment of rent and rent arrears to that date.
Has the tenant paid bond?
- The landlord claims the tenant owes $2,370.00 towards the bond. The landlord states the total bond held should be $3,160.00 but the tenant has only paid $790.00.
- The Bond Centre records are consistent with the landlord’s claim. The Bond Centre records show only $790 is held as bond.
- The tenancy agreement states the total bond to be paid is $3,160.00.
- I make an order that the tenant pay the outstanding bond to the landlord, 1 which is then to be lodged with the Bond Centre by the landlord.
Should the tenant reimburse the filing fee?
- Given the landlord has succeeded with the claim the tenant must reimburse the filing fee. Suppression
- The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name and/or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. See s 95A of the Residential Tenancies Act 1986 (RTA).
- The landlord applied for suppression of their name. 1 I rely on s78(1)(d) and the terms of the tenancy agreement signed by the parties.
- As the application was successful, the landlord is entitled to name suppression and I make the order accordingly.