Published tribunal order
Tenancy Tribunal case 4872585 — Rent arrears at 29A Robert Burke Place, Henderson, Auckland 0612
Decided 24 Jun 2024 · Published 24 Jun 2024 · Application 4872585
Landlord favoured
- Rent arrears
Order
- The tenancy of Rory White at 29A Robert Burke Place, Henderson, Auckland 0612 is terminated, and possession is granted to Barfoot & Thompson Limited Acting Agent For The Egg Property Limited, at 11.59 am on Monday 1 July 2024.
- The Bond Centre is to pay the bond of $2,077.58 (6524406-001) to Barfoot & Thompson Limited Acting Agent For The Egg Property Limited immediately as calculated in the table below.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Should the tenancy be terminated?
- The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
- In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
- The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.
- The matter was part heard on 10 June 2024. The tenant was given time to bring the rent arrears into order. That has not occurred.
- As Barfoot & Thompson Limited Acting Agent For The Egg Property Limited has wholly succeeded with the claim I must order the tenant to reimburse the filing fee.
- The tenant applied for name suppression. The tenant has not been wholly or substantially successful in this matter and the application for suppression is dismissed.