Published tribunal order
Tenancy Tribunal case 5213952 — Rent arrears at Unit/Flat Flat 13, 17 Esplanade Road, Mount Eden,
Decided 26 May 2025 · Published 26 May 2025 · Application 5213952
Landlord favoured
- Rent arrears
Order
- The tenancy of Jonathan Suarez Chavez at Unit/Flat Flat 13, 17 Esplanade Road, Mount Eden, Auckland 1024 is terminated, and possession is granted to O'Neills Real Estate Limited, at 11.59pm on Sunday the 1 June 2025.
- The Bond Centre is to pay the bond of $1,277.00 (5638873-012) to O'Neills Real Estate Limited immediately.
- The balance of the bond $123.00 is to remain in the Bond Centre
Reasons
- Mr Bailee attended the hearing for the landlord. The tenant was called twice on the telephone numbers in the application but both calls went to answerphone. As I am satisfied that the tenant was informed about today’s hearing, I have proceeded in his absence.
- 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. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord also gave the tenant a 14-day notice (section 56 RTA) to remedy the rent arrears on the 21 March 2025, the tenant made attempts to pay some of the rent arrears, but did not remedy the breach. Since that time the tenant has failed to pay rent on time and has missed rent payments.
- As at today’s date the tenant owes $900 in rent. The landlord has allowed the tenant until next Sunday to vacate the property, which should give the tenant sufficient time to clean the property and remove his belongings. This is to avoid the tenant incurring any further costs.
- The landlord provided rent records which prove the amount owing at the end of the tenancy.
- Because O'neills Real Estate Limited has wholly succeeded with the claim I must reimburse the filing fee.