Published tribunal order
Tenancy Tribunal case 4929478 — Rent arrears at 30 Sharland Avenue, Manurewa, Auckland 2102
Decided 15 Aug 2024 · Published 15 Aug 2024 · Application 4929478
Landlord favoured
- Rent arrears
Order
- The tenancy of Charlene Te Aroha Cecil at 30 Sharland Avenue, Manurewa, Auckland 2102 is terminated, and possession is granted to Baath Rentals Limited as agent for Dinith Cornett, Janakie & Sanjeewa Waduge, immediately.
- The Bond Centre is to pay the bond of $3,200.00 to Baath Rentals Limited as agent for Dinith Cornett, Janakie & Sanjeewa Waduge immediately.
- Charlene Te Aroha Cecil must pay Baath Rentals Limited as agent for Dinith Cornett, Janakie & Sanjeewa Waduge $941.29 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to the end of 14 August 2024$4,114.29 Filing fee reimbursement$27.00 Subtotal$4,141.29 Bond$3,200.00 Total payable by Tenant to Landlord$941.29
Reasons
- The hearing was conducted on Microsoft Teams.
- The landlord’s representative attended the hearing by video link.
- The tenant did not attend. The Tribunal telephoned the tenant, but she did not answer. The hearing proceeded in the tenant’s absence.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears, reimbursement of the filing fee, and payment over of the bond.
Should the tenancy be terminated?
- The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. 1
- A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
- I am satisfied the tenant has abandoned the premises.
- Because the tenant has abandoned the premises, the tenancy is terminated immediately.
How much does the tenant owe for rent arrears?
- The landlord provided rent records which prove the amount owing at the end of the tenancy immediately today. Filing fee
- The tenant must reimburse the landlord for the filing fee. 1 See s 61 of the Residential Tenancies Act 1986. Bond
- The bond is to be released to the landlord in part payment of this order’s debt.