Published tribunal order
Tenancy Tribunal case 5484592 — Rent arrears at 419A Mount Albert Road, Mount Roskill, Auckland 1041
Decided 22 April 2026 · Published 22 April 2026 · Application 5484592
Mixed / unclear
- Rent arrears
Order
- The tenancy of Vo Huy Da Ha at 419 Mount Albert Road, Mount Roskill, Auckland 1041 is terminated and possession is granted to Laxman Sharma Paudel immediately.
- Vo huy da ha must pay Laxman Sharma Paudel $6,328.00 immediately, being rent arrears to 2 April 2026 ($2,700.00), four weeks’ rent in lieu of notice ($3,600.00) and the application filing fee ($28.00).
Reasons
- The Landlord attended the hearing.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
Should the tenancy be terminated?
- The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
- On 2 April 2026 the landlord became aware (or ought to have been aware) that the tenant had abandoned the premises. The tenant emailed the landlord stating they were leaving on that date.
- Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
How much does the tenant owe?
- The landlord provided rent records which prove the amount owing at the end of the tenancy. The amount ordered includes rent in lieu of notice.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing.