Published tribunal order
Tenancy Tribunal case 4740669 — Rent arrears at 208 Fred Taylor Drive, Whenuapai, Auckland 0814
Decided 28 Feb 2024 · Published 28 Feb 2024 · Application 4740669
Landlord favoured
- Rent arrears
Order
- The tenancy of Laishou Li at 208 Fred Taylor Drive, Whenuapai, Auckland 0814 is terminated, and possession is granted to Global Property Limited as agent for Shuang He and Yulan Xu.
- The Bond Centre is to pay the bond of $4,800.00 (6020518-005) to Global Property Limited as agent for Shuang He and Yulan Xu immediately.
- Laishou Li must pay Global Property Limited as agent for Shuang He and Yulan Xu $8,623.06 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 11 February 2024$13,402.62 Filing fee reimbursement$20.44 Total award$13,423.06 Bond$4,800.00 Total amount tenant must pay the landlord$8,623.06
Reasons
- David Dai attended the hearing for the landlords’ agent.
- The tenant did not attend. The hearing proceeded in their absence.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears, reimbursement of the filing fee, and payment over of the bond.
Should the tenancy be terminated and what are the rent arrears?
- The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. 1 A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
- The landlord became aware that the tenant had abandoned the premises in November last year.
- Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
- The tenancy was for a fixed term so the tenant must pay rent until the end of the fixed term on 11 February 2024.
- The landlord provided rent records and gave evidence proving the arrears. Application fee and bond
- The Tribunal must order the tenant to reimburse the landlord for the filing fee because the landlord has wholly succeeded in the application.
- The bond is to be paid to the landlord in the circumstances. R Kee 1 See sectioResidential Tenancies Act 1986. 28 February 2024