Published tribunal order
Tenancy Tribunal case 4999052 — Rent arrears at 249 Wellington Road, Wainuiomata, Lower Hutt 5014
Decided 19 Sept 2024 · Published 19 Sept 2024 · Application 4999052
Landlord favoured
- Rent arrears
Order
- The tenancy of Carmen Thomas at 249 Wellington Road, Wainuiomata, Lower Hutt 5014 is terminated, and possession is granted to Windy City Ventures Limited As Agent For M.A. Baksh, at 11:59pm Thursday 19 September 2024.
- The Bond Centre is to pay bond money of $1,877.00 (3240778-019) to Windy City Ventures Limited As Agent For M.A. Baksh immediately in respect of the debt owed by the tenant.
- The balance of the bond is to remain at the Bond Centre.
Reasons
- The landlord attended the hearing by remote teleconference. An attempt was made to contact the tenant on the telephone number provided however this was unsuccessful. The telephone call went straight to voicemail. The hearing proceeded in the absence of the tenant.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and partial refund of the bond.
Should the tenancy be terminated?
- 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. Having sighted the landlord’s update rent ledger I am satisfied that the tenant is responsible for this debt.
- Because Windy City Ventures Limited As Agent For M.A. Baksh has wholly succeeded with the claim I must reimburse the filing fee.