Tenant Ordered to Pay Rent Arrears and Water Rates

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[2025] NZTT 5123583

TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU

APPLICANT: [redacted] [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [COMPANY] as agent for [NAME] $2,983.67 immediately, calculated as shown in table below.

2. The Bond Centre is to pay the bond of $2,760.00 (5540614-011) to [COMPANY] as agent for [NAME] immediately.

Description Landlord Tenant Rent arrears to 16 January 2025 $5,224.29 Water rates $402.38 Filing fee reimbursement $27.00 Total award $5,653.67 Bond $2,760.00 Total payable by Tenant to Landlord $2,983.67

Reasons:

1. Only the landlord attended the hearing represented by [NAME]. There was no appearance by the tenant. I am satisfied that the tenant has been served with the application in accordance with the provisions of the Residential Tenancies Act 1986 (RTA) and so the hearing proceeded in the tenant’s absence.

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2. The landlord has applied for rent arrears, water arrears, 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?

3. This was a fixed term tenancy which began on 16 December 2023 and was due to end on 16 January 2025.

4. The landlord said that the tenant contacted them on 6 November 2023 and asked to be released from the fixed term. The landlord was prepared to consider releasing the tenant from the fixed term and said that they could discuss terms and look for a new tenant but the tenant did not want to take matters further.

5. However on 29 December 2024 the landlord was told by a neighbour that the tenant may have moved out. The landlord attempted to contact the tenant over the next two weeks without success to confirm that they had in fact moved out.

6. As the fixed term was due to end and the landlord was not certain that the tenant would not be returning, the landlord waited until 16 January 2025 and then advertised the property. It has now been re-let.

7. The landlord is entitled to rent arrears owing until the end of the fixed term in the amount of $5224.29. The landlord produced a rent summary confirming the amount.

8. The landlord also produced water invoices together with a statement showing that there are water arrears in the amount of $402.38 owing to the end of the tenancy.

9. [COMPANY] as agent for [NAME] has wholly succeeded with the claim I must reimburse the filing fee of $27.00.

[NAME]

28 February 2025

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: