Published tribunal order
Tenancy Tribunal case 5331740 — Rent arrears at Unit/Flat 427, 35 Hobson Street, Auckland Central,
Decided 15 Sept 2025 · Published 15 Sept 2025 · Application 5331740
Landlord favoured
- Rent arrears
Order
- The tenancy of Samuel Luke McGregor at Unit/Flat 427, 35 Hobson Street, Auckland Central, Auckland 1010 is terminated, and possession is granted to Investment Citi Limited As Agent For Marie Birnie, at 5:00 pm on Thursday 18 September 2025.
- The Bond Centre is to pay the bond of $1,720.00 (BN-00051306) to Investment Citi Limited As Agent For Marie Birnie immediately.
- Samuel Luke McGregor must pay Investment Citi Limited As Agent For Marie Birnie $1,212.00 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the hearing via teleconference. The tenant did not.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
- 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. See sections 55 and 56(2) Residential Tenancies Act 1986.
- Rent is at least 21 days in arrears at the hearing date.
- The tenancy of Samuel Luke McGregor at Unit/Flat 427, 35 Hobson Street, Auckland Central, Auckland 1010 is terminated, and possession is granted to Investment Citi Limited As Agent For Marie Birnie, at 5:00 pm on Thursday 18 September 2025.
- The landlord provided rent records which prove the amount owing to the end of the tenancy. The rent owing to 18 September 2025 is $2,490.00. This amount is ordered against the tenant.
- Further to that, the landlord has provided a Body Corporate breach notice charged to the owner for the tenant’s behaviour involving taking another occupant’s parcel.
- The breach fee of $414.00 is also payable by the tenant. I order the tenant to pay this amount to the landlord.
- The cost of the actual parcel taken is a criminal matter. That is not ordered against the tenant in this jurisdiction.
- Because the landlord has wholly succeeded with the claim, I order the tenant to reimburse the landlord’s filing fee.
- Finally, the bond will be released to the landlord to offset the amount payable by the tenant.