Published tribunal order
Tenancy Tribunal case 4649970 — Rent arrears at 12 Clark Road, Kerikeri, Kerikeri 0230
Decided 29 Feb 2024 · Published 29 Feb 2024 · Application 4649970
Landlord favoured
- Rent arrears
Order
- The tenancy of Ingrid Wubben at 12 Clark Road, Kerikeri, Kerikeri 0230 is terminated, and possession is granted to Hewson Real Estate Limited t/as Ray White Real Estate (as agent for Far North District Council), at 12.00 noon on Friday 15 March 2024.
- The Bond Centre is to pay the bond of $1,440.00 (5440048-004) to Hewson Real Estate Limited t/as Ray White Real Estate (as agent for Far North District Council) immediately.
- Ingrid Wubben must pay Hewson Real Estate Limited t/as Ray White Real Estate (as agent for Far North District Council) $1,114.51 immediately, calculated as shown in the table below:
Reasons
Background
- The adjournment order dated 10 November 2023 sets out the background to the landlord’s application.
- The second hearing took place in Kaikohe on 29 February 2024. Ms Barker represented the landlord. There was no appearance by the tenant.
- Ms Barker submitted that: a. Ms Wubben granted entry for a Ray White employee to carry out an inspection. Some maintenance work has been, including replacing kitchen cabinetry. b. Ms Wubben has made no payments towards water rates arrears. c. Ms Wubben is continuing to pay $380.00 per week in rent and not the new rate of $400.00 per week. As at the date of hearing there are rent arrears of Findings
- The Tenancy Tribunal may make an order terminating a tenancy if 1 : a. The tenant breaches a term of the tenancy agreement or of the Residential Tenancies Act 1986 (“RTA”); and b. In the case of a breach that is capable of being remedied, the landlord has sent the tenant a notice detailing the breach and giving the tenant a reasonable period of time (not less than 14-days) to remedy the breach; and c. The tenant has not remedied the breach within the notice period; and d. The nature and extent of the breach is such that it would be inequitable to refuse the request for termination.
- In this instance: a. Ms Wubben breached the RTA by not paying for water rates. Tenants are legally obliged to pay for outgoings that they consume during the tenancy, including water 2 . b. Ms Wubben breached the tenancy agreement by not paying the weekly rent. The rent was lawfully increased from $380 to $400 per week on 20 September 2023. The notice of increase met the requirements of a notice 1 Section 56 Residential Tenancies Act 1986 (“RTA”) 2 Section 39 RTA of rent increase 3 . The landlord posted the notice of rent increase to the tenancy address. This is a lawful means of serving notice 4 . The notice is deemed to be served on the tenant on the 4 th working day after it was posted. The landlord does not have to prove that the tenant physically received the letter 5 . c. The landlord issued breach notices in respect of water rates arrears on 8 August 2023 and in respect of rent arrears on 13 November 2023. The notices met the legal requirements for a breach notice 6 and were properly served on the tenant. d. The tenant did not remedy the breaches within the notice period. e. It would be inequitable to refuse the landlord’s request for termination having regard to the following factors: i. Despite the landlord’s offer to pay off the water rates arrears at a rate of $50.00 per week, which I included in the 10 November 2023 order, the tenant has not made any payments towards water rates arrears. Rather than engaging with the landlord about a way to pay for water that she has consumed during the tenancy and is legally obliged to pay for, Ms Wubben continues to send obscure, inaccurate, “sovereign citizen” tinged letters. ii. A new water rates invoice was recently issued. The water rates arrears will continue to grow if Ms Wubben refuses to make any payments. The landlord cannot be expected to carry that cost. iii. Similarly, the rent arrears are going to increase. Ms Wubben has not shown any sign that she will pay rent at the new rate. The landlord is not obliged to accept the lower amount of rent. The rent was lawfully increased.
- The claim for termination of the tenancy under section 56 RTA is proven. The tenancy will terminate on Friday 15 March 2024.
- The landlord’s rent record establishes rent arrears of $157.14 to 28 February 2024. There are outstanding water rates arrears of $2,376.93. This figure includes water use up to 29 August 2023.
- The landlord has been successful in this application, and I must also award the landlord the filing fee of $20.44. 7 3 Section 24 RTA 4 Section 136(1)(a) & 136(2)(a)(i) RTA 5 Section 136(6) RTA 6 Section 56(b)(1) RTA 7 Section 102(4)(a) RTA
- The proven claim exceeds the amount of the bond. The bond will be released to the landlord.