Published tribunal order
Tenancy Tribunal case 5063188 — Rent arrears at Unit 3, 272 Marine Parade, New Brighton, Christchurch
Decided 26 Feb 2025 · Published 26 Feb 2025 · Application 5063188
Landlord favoured
- Rent arrears
Order
- The tenancy of Baileigh Rose Garrett and Brooklyn Kyle Wernham-Sewell at Unit 3, 272 Marine Parade, New Brighton, Christchurch 8061 is terminated, and possession is granted to B&N Properties Limited as agent for Thiagarajan Devi, at the end of 26 February 2025.
- The Bond Centre is to pay the bond of $2,600.00 (5732851-005) to B&N Properties Limited as agent for Thiagarajan Devi immediately.
- Baileigh Rose Garrett and Brooklyn Kyle Wernham-Sewell must pay B&N Properties Limited as agent for Thiagarajan Devi $6,817.71 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 26/02/25$9,390.71 Filing fee reimbursement$27.00 Subtotal$9,417.71 Bond$2,600.00 Total payable by Tenant to Landlord$6,817.71
Reasons
- The hearing was conducted on Microsoft Teams.
- Pat Patricio attended for the landlord.
- The tenants did not attend. The hearing proceeded in their absence.
- The landlord has applied for termination of the tenancy for their tenants breaching their primary obligation to pay rent, rent arrears, reimbursement of the filing fee, and payment over 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. 1
- The landlord has applied to terminate for breach of a 14-day notice for rent arrears. Rent is at least 21 days in arrears at the hearing date.
- The tenancy is terminated at the end of today.
How much do the tenants owe?
- The landlord provided a rent summary and Mr Patricio gave evidence which proved the amount owing for rent arrears at the end of the tenancy. Filing fee
- The tenants must reimburse the landlord for the filing fee. Bond
- The Tribunal directs the Bond Centre to pay the bond out to the landlord. 1 See ss 55 and 56(2) of the Residential Tenancies Act 1986. Other
- The landlord intends to file a further application for any other costs such as the cost of cleaning and changing the locks.