Published tribunal order
Tenancy Tribunal case 4831397 — Rent arrears at 106 Mull Street, Glenorchy 9372
Decided 18 Apr 2024 · Published 18 Apr 2024 · Application 4831397
Mixed / unclear
- Rent arrears
Order
- The tenancy of Tania Tonga and Jessie Tonga at 106 Mull Street, Glenorchy 9372 is terminated, and possession is granted to Anita Holthaus and Cameron Craigie, at 11:59pm Sunday 28 April 2024.
- The Bond Centre is to pay the bond of $500.00 (6232767-011) to Anita Holthaus and Cameron Craigie immediately.
- The balance of the bond of $700.00 is to remain at the Bond Centre.
Reasons
- Both parties attended the hearing by remote teleconference.
- 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 remedy the rent arrears. The landlord provided a rent ledger confirming the payment history and the outstanding arrears. Having sighted this evidence I am satisfied that the tenant is responsible for this debt.
- The landlord served a 14-day notice on the tenant on 13 February 2024, 29 February 2024 and 6 March 2024, and the tenant did not remedy the breach within the required period. This is unfortunate as the rent arrears are not significant.
- It would be inequitable to refuse to terminate the tenancy because the tenant has failed to remedy the breaches.
- The landlord is not seeking reimbursement of the filing fee.