Published tribunal order
Tenancy Tribunal case 4639770 — Rent arrears at Flat 2, 12 Kaponga Crescent, New Lynn, Auckland 0600
Decided 31 Aug 2023 · Published 31 Aug 2023 · Application 4639770
Landlord favoured
- Rent arrears
Order
- The tenancy of Eseta Aukuso at Flat 2, 12 Kaponga Crescent, New Lynn, Auckland 0600 is terminated, and possession is granted to Michael Qian, at the end of Wednesday 6 September 2023.
- The Bond Centre is to pay the bond of $1,365.00 (3129367-017) to Michael Qian immediately.
- Eseta Aukuso must pay Michael Qian $518.44 immediately, calculated as shown in the table below:
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears, reimbursement of the filing fee, and payment of the bond.
Should the tenancy be terminated?
- Where a landlord applies to the Tribunal for termination for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy: ss 55 and 56(2) Residential Tenancies Act 1986.
- Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
- The tenant requests that the termination is made for the end of next Wednesday. That is ordered. An order is also made for the rent due up to that date.
How much does the tenant owe?
- The landlord provided a rent summary which confirmed the amount of rent the tenant had paid to yesterday’s date. Filing fee
- Because the landlord has wholly succeeded with the claim, the tenant must reimburse the filing fee. Bond
- The bond is to be paid to the landlord in the circumstances.