Published tribunal order
Tenancy Tribunal case 5052584 — Rent arrears at 4A Prospero Terrace, Mount Albert, Auckland 1025
Decided 8 Jan 2025 · Published 8 Jan 2025 · Application 5052584
Landlord favoured
- Rent arrears
Order
- The tenancy of Kelly Smith at 4A Prospero Terrace, Mount Albert, Auckland 1025 is terminated, and possession is granted to The Property Managers Limited, at 11.59 pm Saturday 18 January 2025.
- The Bond Centre is to pay part of the bond of $1,492.00 (3047150-009) to The Property Managers Limited immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 8 January 2025$1,465.00 Filing fee reimbursement$27.00 Total award$1,492.00 Bond$1,492.00
Reasons
- Both parties attended the hearing by telephone.
- 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. Section 55(1)(a) Residential Tenancies Act 1986 provides that the Tribunal shall make an order terminating the tenancy if the rent was 21 days in arrears on the date the landlord’s application was filed.
- The landlord provided rent records which prove the amount owing to the date of the hearing. The landlord expects to receive a further payment today.
- The tenant advised that she had made other payments of rent but did not produce any evidence in support of that claim. She has also received three notices from the landlord regarding rent arrears and has not taken any steps to challenge those notices or the landlord’s rent statement.
- The landlord confirmed that its statement included payments made into the landlord’s own account and a payment made in cash.
- The landlord has satisfied the Tribunal that the rent was 21 days in arrears at the date its application was filed and so the tenancy is terminated.
- The balance of the bond of $608.00 is to be retained by the Bond Centre pending finalisation of all matters arising from the tenancy.
- Because The Property Managers Limited has wholly succeeded with the claim I must reimburse the filing fee.