Published tribunal order
Tenancy Tribunal case 4645949 — Property damage at 36A Range View Road, Mount Albert, Auckland 1025
Decided 3 Oct 2023 · Published 3 Oct 2023 · Application 4645949
Landlord favoured
- Property damage
Order
- The tenancy of Hope Anastasia Patricia Pokia at 36A Range View Road, Mount Albert, Auckland 1025 is terminated, and possession is granted to Olga Gloria Garin, Vladimir Garin, Liubov Garina, and Ilya Ledenev, at the end of Monday 9 October 2023.
- The Bond Centre must pay the bond of $3,360.00 (6497587-007) to Olga Gloria Garin, Vladimir Garin, Liubov Garina, and Ilya Ledenev immediately.
- Hope Anastasia Patricia Pokia must pay Olga Gloria Garin, Vladimir Garin, Liubov Garina, and Ilya Ledenev $6,333.36 immediately, calculated as shown in the table below: ItemsAmounts to pay Rent arrears to the end of 02/10/2023$7,680.00 Rent to the end of 09/10/2023$840.00 Water rates: actual reading 10/09/2023$66.17 Repairing wastewater system$1,086.75 Filing fee reimbursement$20.44 Subtotal$9,693.36 Bond Centre to pay the bond to the landlord$3,360.00 Total balance on this order$6,333.36
Reasons
- The hearing was conducted by telephone.
- Olga Garin attended the hearing for herself and the other landlords. The tenant attended for herself.
- The landlords have applied for termination of the tenancy for breach of the tenant’s obligations, rent and water arrears, reimbursement for a contractor’s invoice, reimbursement of the filing fee, and refund of the bond.
Should the tenancy be terminated?
- 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. 1
- Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated at the end of this coming Monday.
How much does the tenant owe?
- The landlord provided rent and water records which prove the rent arrears to today, rent due to the end of the tenancy, and a water invoice de for payment on 5 October 2023.
- The tenant is also liable for an invoice for wastewater repair arising from an occupant flushing inappropriate items down the toilet. Filing fee and bond
- The tenant must reimburse the landlords for the cost of the filing fee.
- It is appropriate to direct the bond be paid to the landlords in part payment of the tenant’s debt.