Published tribunal order
Tenancy Tribunal case 5362942 — Tenancy dispute at 1298 Alfriston Road, Alfriston, RD 1, Auckland 2576
Decided 14 Nov 2025 · Published 14 Nov 2025 · Application 5362942
Order
- Both parties’ applications are dismissed.
- By way of declaration, the tenant’s rent is paid to 20 November 2025 with a credit of $925.26.
- The tenant should accordingly make a payment of $574.74 on Friday 21 November 2025 being the balance due for the rent week ending 27 November 2025.
- The tenant should then make a payment of $1,500.00 on Friday 28 November and each Friday after that (subject to any future change in the rent payable).
Reasons
- Both parties attended the hearing which was held by teleconference.
- The parties have been able to agree on the rent payment position due to a difficult start to the tenancy, which was meant to start in late June 2022. Background
- The core facts are not in dispute and are: a. the parties signed a tenancy agreement dated 8 June 2022; b. the start date for the tenancy was to be 24 June 2022; c. because the tenant’s move to the property involved transfer of steak and equipment, that transfer started between the date the agreement was signed and the tenancy start date, with the landlord’s approval; d. before the tenancy start date there was a serious burglary at the property affecting both the landlord and the tenant. The effects of the burglary required significand repair and building work and the premises could not be moved into; e. the tenant had given notice and had to leave his previous property, so needed to move in to these premises on 29 July 2022. The building/ repair work hadn’t been finished and the premises were not fully ready. f. as compensation, the owner instructed the property manager that first two weeks’ and then another week’s rent credit should be given to the tenant.
- The tenant says that the original agreement was that he have 2 weeks to move into the property, before the tenancy started. He says that although the agreed 3 week rent credit recognises that the property was not in suitable condition when he moved in, it does not fully recognise that he lost the chance to move in before start of the tenancy.
- That expectation is not recorded in the tenancy agreement and the property manager who the tenant says he arranged it with, did not attend the hearing.
- The dispute is over 1 week’s rent and is about unclear events that occurred in 2022. Sensibly, the aprties have agreed to resolve the dispute by “splitting the difference” and allowing 3 ½ weeks rent credit to compensate the tenant.
- The resulting calculations are: a. Rent payable from 29 July 2022 to 20 November 2025 @ $1500.00 per week = $259,500.00; b. Less: 3 ½ weeks rent credit - $5,250.00; c. Less: rent paid between 10 June 2022 and 31 January 2023 - $39,175.26 per landlord’s previous ledger records d. Less: rent paid between 3 February 2025 and today per landlord’s current ledger records - $216,000.00.
- As at the end of the current rent week to Thursday 20 November 2025 the position is therefore $259,500.00 - $5,250.00 - $39,175.26 - $216,000.00 = $925.26.
- The rent is paid to 20 November 2025 with a credit of $925.26 toward the rent payment due on 21 November 2024.
- The parties should adjust their records accordingly.