Published tribunal order
Tenancy Tribunal case 5006968 — Rent arrears at 84 Shakespeare Road, Bluff Hill, Napier 4110
Decided 20 Nov 2024 · Published 20 Nov 2024 · Application 5006968
Landlord favoured
- Rent arrears
Order
- The tenancy of Julian Whiting at 84 Shakespeare Road, Bluff Hill, Napier 4110 is terminated, and possession is granted to Regent Realty Limited at the end of 24 November 2024.
- The Bond Centre is to pay the bond of $2,480.00 (3531967-002) to Regent Realty Limited immediately.
- Julian Whiting must pay Regent Realty Limited $5,408.82 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 19/11/2024$7,455.97 Rent to 24/11/2024$405.85 Filing fee reimbursement$27.00 Total award$7,888.82 Bond$2,480.00 Total tenant must pay the landlord$5,408.82
Reasons
- The hearing was conducted on Microsoft Teams.
- Kate Taylor and Lynda Speer attended for the landlord.
- The tenant did not attend. The hearing proceeded in his absence.
- The landlord has applied for termination of the tenancy, rent arrears, rent, reimbursement of the filing fee, and payment over of the bond.
Should the tenancy be terminated?
- The Tribunal must 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.
- 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.
- Termination is delayed until the end of the week to give the tenant time to move out. Rent arrears and rent
- The landlord provided rent records and Ms Taylor gave evidence about the level of rent arrears. I am satisfied that the arrears are as set out in the table above.
- The Tribunal makes an order for rent to the end of the tenancy. Filing fee
- The tenant must reimburse the landlord for the filing fee. Bond
- The bond is to be paid out to the landlord in part-payment of the tenant’s debt to the landlord under this decision.