Published tribunal order
Tenancy Tribunal case 5018868 — Rent arrears at 20 Portal Crescent, Beerescourt, Hamilton 3200
Decided 4 Dec 2024 · Published 4 Dec 2024 · Application 5018868
Landlord favoured
- Rent arrears
Order
- The tenancy of Richard Sangil Rhee at 20 Portal Crescent, Beerescourt, Hamilton 3200 is terminated, and possession is granted to Spencer Moore Trust Limited, at 5.00pm on Wednesday 1 January 2025.
- Richard Sangil Rhee must pay Spencer Moore Trust Limited $6,332.71 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the hearing by teleconference and was represented by Michael Pritchard and Raewyn Leng-Pritchard.
- The tenant was called twice on the number provided but the calls were not answered. The absence of a party does not prevent the matter from being heard and determined.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- Rent was at least 21 days in arrears on the date the application was filed and is more than 12 weeks in arrears today. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
- The landlord provided rent records which prove the amount owing at the end of the tenancy.
- The landlord has agreed to possession in 4 weeks because of the forthcoming Christmas period.
- The landlord also applied for termination on the grounds of repeat rent arrears under section 55(1)(aa), and for breach under section 56 RTA. As the tenancy has already been terminated under section 55(1)(a), it is not necessary to consider other grounds.
- Because Spencer Moore Trust Limited has wholly succeeded with the claim, the tenant must reimburse the filing fee.