Published tribunal order
Tenancy Tribunal case 4716452 — Rent arrears at Room 3, Unit/Flat B, 167 Riddiford Street, Newtown,
Decided 21 Dec 2023 · Published 21 Dec 2023 · Application 4716452
Landlord favoured
- Rent arrears
Order
- The tenancy of Joseph Mattia Persico Mattia Persico at Room 3, Unit/Flat B, 167 Riddiford Street, Newtown, Wellington 6022 is terminated, and possession is granted to Helium Properties Limited, at 8pm, Sunday 31 December 2023.
- Joseph Mattia Persico Mattia Persico must pay Helium Properties Limited $3,270.44 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call went unanswered.
- 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 is as ordered.
- The end date of this tenancy allows for the pending holiday period but the landlord is happy to receive possession back from the tenant sooner. If so, the final rent arrears will adjust downwards accordingly.
- Because Helium Properties Limited has wholly succeeded with the claim I must reimburse the filing fee.