Published tribunal order
Tenancy Tribunal case 4698389 — Rent arrears at Room C, Unit/Flat Flat 10, 11 Ingram Street, Papakura,
Decided 8 Nov 2023 · Published 8 Nov 2023 · Application 4698389
Landlord favoured
- Rent arrears
Order
- The tenancy of Dylan Harris at Room C, Unit/Flat Flat 10, 11 Ingram Street, Papakura, Papakura 2110 is terminated, and possession is granted to Lodge City Rentals Limited - As Agent For Bentley Studios Ltd, at 11:59pm on Wednesday 29 November 2023.
- Dylan Harris owes $550.44 to Lodge City Rentals Limited - As Agent For Bentley Studios Ltd as calculated in the table below (“the debt”):
- The Bond Centre is to immediately pay part of the bond of $550.44 (6447307- 014) immediately to Lodge City Rentals Limited - As Agent For Bentley Studios Ltd to repay the debt of $550.44.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and partial refund of the bond.
Should the tenancy be terminated?
- The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
- In this case I find the landlord has served three notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice. These notices were served on 14 and 25 August 2023 and 28 September 2023.
- The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.
- Because Lodge City Rentals Limited - As Agent For Bentley Studios Ltd has wholly succeeded with the claim I must reimburse the filing fee.