Published tribunal order
Tenancy Tribunal case 5252460 — Rent arrears at 13 Redcastle Drive, East Tamaki, Auckland 2013
Decided 25 Jun 2025 · Published 25 Jun 2025 · Application 5252460
Landlord favoured
- Rent arrears
Order
- The tenancy of Tynisha Davida at 13 Redcastle Drive, East Tamaki, Auckland 2013 is terminated, and possession is granted to Chin Chan Hsu Huang and Chao Lung Hsu, from after the end of the day on Thursday 26 June 2025.
- The claim for compensation for damage repairs is withdrawn by the landlord.
- The claim for water charges is dismissed.
- Tynisha Davida must pay Chin Chan Hsu Huang and Chao Lung Hsu $5,227.00 immediately, calculated as shown in the table below:
Reasons
- Only the applicant landlord attended the hearing.
- The landlord has applied for termination of the tenancy, rent and water arrears and reimbursement of the filing fee.
- The landlord advised that the tenant rented a room at these premises commencing on 22 November 2024.
- The landlord advised that the tenant paid $1600.00 bond in respect of these premises.
- The landlord seeks termination of the tenancy and rent arrears. She advised that the tenant has informed her that they are planning to move out.
- 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 provided rent records which prove the amount owing at the end of the tenancy.
- The landlord applied for payment of water rates.
- Section 39 of The Residential Tenancies Act 1986 provides that the a tenant is responsible for all outgoings in respect of the tenancy premises that are exclusively attributable to the tenant’s occupation of the premises or the tenant’s use of the facilities.
- This was a room by room tenancy with multiple tenancy agreements in place for the different rooms. There is no separate metering system and no way the landlord can prove the usage exclusively attributable to this tenant. Therefore, the landlord has failed to prove the claim on the balance of probabilities and this claim is dismissed.
- The landlord also applied for compensation for damage repairs but has withdrawn this claim in order to prepare evidence and will consider whether to file a vacated claim after the tenancy has ended.
- Because Chin Chan Hsu Huang, Chao Lung Hsu has substantially succeeded with the claim I have reimbursed the filing fee.