Published tribunal order
Tenancy Tribunal case 4748571 — Rent arrears at Unit/Flat A, 31 Clarendon Terrace, Woolston, Christchurch
Decided 25 Jan 2024 · Published 25 Jan 2024 · Application 4748571
Landlord favoured
- Rent arrears
Order
- The tenancy of Louise Everleilani Kaisami at Unit/Flat A, 31 Clarendon Terrace, Woolston, Christchurch 8023 is terminated, and possession is granted to Jane Elizabeth Woodward, at 4pm on Friday 26 January 2024.
- The Bond Centre is to pay the bond of $1,743.91 (5976486-006) to Jane Elizabeth Woodward immediately calculated as shown in the table below: DescriptionLandlord Rent arrears$1,723.47 Filing fee reimbursement$20.44 Total award$1,743.91 Bond$1,743.91
- The balance of the bond ($1,056.09) is to remain at the bond centre for the time being.
Reasons
- The landlord attended the hearing.
- The tenant did not attend. The tenant applied for an adjournment yesterday afternoon on the basis that a witnesses had to travel to attend the hearing. Those arrangements should have been made, or an adjournment requested, well before 4pm on the day before the hearing. The adjournment request was declined.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
- Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
- The tenant has breached their obligations by failing to pay rent on time and failing to pay full rent for a 7 week period in October and November 2023.
- The landlord served a 14-day notice on the tenant on 2 November 2023, and the tenant did not remedy the breach within the required period.
- It would be inequitable to refuse to terminate the tenancy because rent arrears have been an issue for the full 6 months of this tenancy. The is no evidence that the tenant has taken positive or proactive steps to resolve the issue.
- It appears that the tenant believes that WINZ is responsible for the shortfall in rent. Payment of rent is the tenant’s obligation. If there is an issue with WINZ processing payments, the tenant must sort that out. The landlord has given the tenant a reasonable opportunity to bring the payments up to date and made this application as a last resort.
- The tenancy is terminated, and possession is granted to the landlord at 4pm on Friday, 26 January 2023.
- The landlord also applied for termination of the tenancy for alleged damage to the premises. See s40 Residential Tenancies Act. I was not satisfied that the alleged damage was sufficient to justify termination of the tenancy. The termination order is made because of the ongoing issues with rent. However, the landlord may make a further application for compensation for damage at the end of the tenancy.
How much does the tenant owe?
- The landlord provided rent records which prove the amount owing of $1,723.47 at the end of the tenancy.
- As the landlord was the successful party, I have awarded reimbursement of the Tribunal filing fee.