Published tribunal order
Tenancy Tribunal case 5337584 — Rent arrears at 30A Grand Drive, Remuera, Auckland 1050
Decided 13 Nov 2025 · Published 13 Nov 2025 · Application 5337584
- Rent arrears
Order
- There are no orders for suppression.
- [The tenant/s] tenant/s] must pay Rentex Limited As Agent For Yunqian Zhang $3,256.57 immediately, as calculated below.
- The Bond Centre is to pay $800.00 from the bond of $800.00 (5517334-002) to Rentex Limited As Agent For Yunqian Zhang immediately.
- The balance of the bond of $1,760.00 is to remain at the Bond Centre.
Reasons
- On behalf of the landlord, Mr Ge attended the hearing on 12 November 2025, which was conducted remotely. The notice of hearing provided a link to join via video, but the tenant did not join. Unsuccessful attempts were made to reach the tenant at two phone numbers provided.
- The landlord and tenant have been parties to a previous application 5279589, made by another tenant, Melissa Yates. Ms O’Sullivan was named in those proceedings, but did not attend the hearing.
- According to the documents provided by the landlord, Ms O’Sullivan, along with four other tenants, signed a residential tenancy agreement for the premises, starting on 11 March 2022. The tenants named in the tenancy agreement have have altered over the years, Ms O’Sullivan being the only tenant that remained.
- Mr Ge provided a series of Change of Tenant forms and a copy of a letter dated 3 October 2024 from Tenancy Services confirming that the tenant details had changed and that the tenants were Bridie O’Sullivan, Melissa Yates and Summer Roberts. There is no evidence of any change of tenancy past that date. Therefore, based on the information before me, between 3 October 2024 and 19 May 2025, they were the three tenants.
- In an order dated 21 August 2025, Adjudicator Walker found that the tenancy between the landlord and two named tenants, Melissa Yates and Bridie O’Sullivan ended on 19 May 2025 as the result of a 90-day notice. The Tribunal found that the arrangement from 20 May 2025 onwards was a new tenancy between the landlord and Ms O’Sullivan only. That application did not include another tenant, Summer Roberts.
- On the basis of the bond lodgement form provided at that hearing, recording that Ms Yates had paid $1440 bond, the Tribunal ordered a refund of that amount to Ms Yates, the balance of $2560 remaining at the Bond Centre. At that time there was no application from the landlord before the Tribunal.
- At yesterday’s hearing, Mr Ge said that the landlord did not agree with that determination. No appeal or stay of that decision has been filed. Accordingly, as explained to Mr Ge, there is no basis to relitigate that decision.
- The present application before the Tribunal is for rent arrears of $6800 and a refund of the bond. The application has been made against Bridie O’Sullivan.
- However, the rent summary filed covers the period of the tenancy which began on 11 March 2022. The rent summary shows that at 19 May 2025, the rent was $4,000 in arrears. Given a new tenancy started on 20 May 2025, any application for rent arrears owing at 19 May 2025 should be filed against the three people who were the tenants at the time.
- Mr Ge provided an updated rent summary showing that between 20 May 2025 and 31 July 2025 when the tenancy with Ms O’Sullivan ended, the rent was in arrears by $4,028.57. That amount is ordered against Ms O’Sullivan.
- The Bond Lodgement Form provided by the landlord show that the amount of bond paid by each of the first five tenants, including Ms O’Sullivan was $800, the total being $4,000.
- The present application is against Ms O’Sullivan. Accordingly, I order her share of the bond of $800 is reimbursed to the landlord.
- The landlord had also applied for water rates. In a letter dated 20 September 2025, Tenancy Services asked the landlord to provide a copy of the water rates invoice issued by the local authority. No copies of invoices have been provided, only a summary prepared by the landlord. This application is dismissed.
- The landlord has substantially succeeded in the application against Ms O’Sullivan for her tenancy. I order reimbursement of the filling fee.
- The landlord may bring a further application for rent arrears owing up to 19 May 2025. The landlord should ensure the correct tenants are named and that addresses for service are provided in accordance with section 91A of the Residential Tenancies Act 1986.