Published tribunal order
Tenancy Tribunal case 4877940 — Rent arrears at 96 Elgin Road, Kenmure, Dunedin 9011
Decided 25 Jun 2024 · Published 25 Jun 2024 · Application 4877940
Landlord favoured
- Rent arrears
Order
- The tenancy of Kirsten Coker, Thomas Todd and Brendon Jay Wilson at 96 Elgin Road, Kenmure, Dunedin 9011 is terminated, and possession is granted to Dunedin Property Management Tapui Limited as Agent For Dacey John Ryan, at 6.00pm, Wednesday 26 June 2024.
- The Bond Centre is to pay the bond of $1,970.44 (6419841-012) to Dunedin Property Management Tapui Limited as Agent For Dacey John Ryan immediately, as shown in the table below:
- The balance of the bond of $229.56 is to remain at the Bond Centre.
Reasons
- The landlord attended the hearing by video link and Ms Coker and Mr Todd attended by telephone. Mr Wilson was telephoned on the phone number provided however the phone call went unanswered and the hearing proceeded in his absence.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
- The tenancy commenced on 28 July 2021.
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 landlord served notices to remedy a breach on the tenant on 10 April 2024, 29 April 2024 and 15 May 2024.
- The tenant did not remedy the breach.
- Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
- Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
- The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,950.00 as at 26 June 2024. The tenants confirmed the rent arrears was correct. Balance of the bond
- The landlord requested the balance of the bond remain at the bond centre until a final inspection has occurred as it is likely further claims against the bond will be made. Filing fee
- Because Dunedin Property Management Tapui Limited as Agent for Dacey John Ryan has wholly or substantially succeeded with the claim I must reimburse the filing fee. Suppression
- The landlord confirmed that name suppression was not sought.