Published tribunal order
Tenancy Tribunal case 5404775 — Rent arrears at Unit/Flat Unit 103, 7 Awaroa Road, Sunnyvale, Auckland
Decided 7 January 2026 · Published 7 January 2026 · Application 5404775
Landlord favoured
- Rent arrears
Order
- The tenancy of Cornelius Fox at Unit/Flat Unit 103, 7 Awaroa Road, Sunnyvale, Auckland 0612 is terminated, and possession is granted to Community Of Refuge Trust, at 11.59 pm on Monday 7 January 2026.
- The Bond Centre is to pay the bond of $360.00 (BN-17572631) to Community Of Refuge Trust immediately.
- Cornelius Fox must pay Community Of Refuge Trust $593.71 immediately, calculated as shown in the table below:
Reasons
- The landlord attended the hearing which was held by video conference. The tenant did not attend. The Tribunal was unable to contact the tenant using the contact number provided. The landlord advised that the tenant is currently incarcerated. No representative for the tenant made contact with the Tribunal, and no further information was provided by the correctional facility to enable contact on an alternative number. I am satisfied that the hearing notice was properly served and that the tenant was, or ought reasonably to have been, aware of the hearing. In those circumstances, it was reasonable to proceed with the hearing in the tenant’s 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 provided rent records which prove the amount owing.
- As the landlord has been wholly successful with the claim, I must order the tenant to reimburse the filing fee.