Published tribunal order
Tenancy Tribunal case 4606410 — Rent arrears at 10 Edgecumbe Road, Tauranga, Tauranga 3110
Decided 8 Aug 2023 · Published 8 Aug 2023 · Application 4606410
Landlord favoured
- Rent arrears
Order
- No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
- The tenancy of Samantha McKay at 10 Edgecumbe Road, Tauranga, Tauranga 3110 is terminated, and possession is granted to Percy Properties Limited, at
- 00pm on Thursday 17 August 2023.
- Samantha McKay must pay Percy Properties Limited $4,345.44 immediately, calculated as shown in the table below:
Reasons
- Both parties attended the hearing.
- This matter was adjourned on 19 July 2023 to give the tenant an opportunity to file a cross application by 28 July. The tenancy says she filed a cross application but was unable to provide any documentation. The Tribunal can find no trace of the cross application so the tenant’s claims cannot be heard today.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord provided rent records which prove the amount owing at the end of the tenancy.
- As Percy Properties Limited has wholly succeeded with the claim, the tenant must reimburse the filing fee.