Published tribunal order
Tenancy Tribunal case 4796337 — Rent arrears at 19 Aporo Drive, Kumeu, Kumeu 0810
Decided 24 Apr 2024 · Published 24 Apr 2024 · Application 4796337
Landlord favoured
- Rent arrears
Order
- The tenancy of Aaron Thomas Kira at 19 Aporo Drive, Kumeu, Kumeu 0810 is terminated, and possession is granted to Vista Realty Limited Acting Agent For John Anthony Knight & Sally Anne Maclean, at 5pm on 24 April 2024.
- The Bond Centre is to pay the bond of $2,102.20 (6144931-003) to Vista Realty Limited Acting Agent For John Anthony Knight & Sally Anne Maclean immediately.
Reasons
- Only the landlord attended the hearing remotely. Calls to the tenant’s phone went unanswered.
- 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 in advance and being in rent arrears.
- The landlord served a 14-day notice on the tenant, and the tenant did not remedy the breach within the required period.
- It would be inequitable to refuse to terminate the tenancy because the rent arrears to date is substantial, at $2,062.96 which is just shy of 3 weeks rent. The tenant did not appear at the hearing. There is nothing before the Tribunal to indicate when or if the arrears will be repaid.
- I therefore terminate the tenancy under section 56 RTA.
- The amount of rent arrears and water rates outstanding is proved.