Published tribunal order
Tenancy Tribunal case 5203612 — Rent arrears at 13 James Street, Bayview, Auckland 0629
Decided 9 Jun 2025 · Published 9 Jun 2025 · Application 5203612
Mixed / unclear
- Rent arrears
- Cleanliness
Order
- Le Thu Nguyễn Thi to pay A Grade Rental Homes As Agent for Kevin Liu $313.05 immediately, calculated as shown in the table below.
- The Bond Centre is to pay the bond of $2,792.00 (3889241-006) immediately to A Grade Rental Homes As Agent for Kevin Liu.
- This order amends and replaces the Tribunal Order dated 9 June 2025 to correct an error in the costs table and in the body of the decision regarding the landlord’s claim for rent arears.
Reasons
- The landlord attended the hearing which was held by teleconference on 5 June 2025. The Tribunal was unable to contact the tenant on the contact number provided. I was satisfied that adequate service of the hearing notice had been completed and proceeded with the hearing in the tenant’s absence.
- The landlord has applied for rent arrears, water rates, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
How much is owed for rent and water rates?
- This tenancy was a fixed-term agreement due to run until August 2025. However, the tenant vacated the premises early without providing the required notice or obtaining the landlord’s consent to terminate the tenancy before the expiry date.
- Under section 66 of the Residential Tenancies Act 1986 (“RTA”), a tenant under a fixed-term tenancy remains liable for rent and other obligations under the tenancy agreement until the expiry of the term or until the premises are re-let, unless the landlord agrees to an early termination. In this case, the landlord took reasonable steps to mitigate any potential loss by actively seeking a replacement tenant. A new tenant was secured and commenced the tenancy on 5 April 2025.
- The landlord has claimed rent arrears up to that date, totalling $2,592.57. This is consistent with the tenant’s ongoing liability until the premises were re-let. I am satisfied on the balance of probabilities that the landlord’s claim is supported by evidence and that the amount claimed is reasonable. Accordingly, the landlord’s claim for rent arrears in the sum of $2,592.57 is proved.
- The landlord also provided a water rates invoices which proves the amount owing at the end of the tenancy. A tenant is responsible for water charges incurred during the tenancy on the basis of consumption (see section 39(4)(c) RTA).
Did the tenant comply with their obligations at the end of the tenancy?
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) RTA.
- The landlord claimed $450.00 for cleaning and relied on an invoice, ingoing property condition report and photographs of the condition of the property at the end of the tenancy.
- On the evidence, the landlord proved the tenant did not leave the premises reasonably clean and tidy.
- The amounts ordered is proved.
- As the landlord has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.