Published tribunal order
Tenancy Tribunal case 4655195 — Rent arrears at Unit/Flat 8F, 32 Eden Crescent, Auckland Central, Auckland
Decided 9 Oct 2023 · Published 9 Oct 2023 · Application 4655195
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- The tenancy of Sagar Kale and Shubham Rana at Unit/Flat 8F, 32 Eden Crescent, Auckland Central, Auckland 1010, Eden Apartments is terminated, and possession is granted to [The landlord/s], at 11:59pm on Sunday 17 September 2023.
- Sagar Kale and Shubham Rana must pay [The landlord/s] $806.11 immediately, calculated as shown in the table below.
Reasons
- [The landlord’s representative] attended the hearing by teleconference on behalf of the landlord. The phone number for one of the tenants, Mr Rana, the last three digits being 422 was called without any response. Mr Kale, the other tenant, attended the hearing by teleconference and said he was representing both tenants.
- The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and refund of the application fee.
- Mr Kale said the tenants would like to pay what is owing in rent arrears by way of a conditional termination order. The landlord was opposed to the making of a conditional termination order.
- The Tribunal can make a conditional termination order only if it is satisfied that the tenant will pay any rent in arrears within a period specified by the Tribunal, and it is unlikely that the tenant will commit any further breach of rent payment. See section 55(1A) Residential Tenancies Act 1986 (“RTA”).
- The landlord’s rent summary showed that the tenants have not paid full rent for a few weeks and for another rent period before that. This tenancy only began on 1 June 2023. Further, the landlord was concerned about money provided to one tenant by the other tenant for rent not being paid towards rent, which has exacerbated the rent arrears apparently. The tenants had not made any effort to pay rent arrears owing or negotiate any such arrangements with the landlord prior to the hearing. The tenants have not showed that it is unlikely they will commit any further breach of rent payment. I am not satisfied that a conditional termination order should be made.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) RTA.
- The landlord provided rent records which prove the amount owing to 12 September 2023, which is $2,428.57. Weekly rent is $500.00 so daily rent is $71.42. A further 5 days rent @ $71.42 is payable from 13 September 2023 to 17 September 2023, for a sub-total of $357.10. Therefore, the tenants owe the landlord a total of $2,785.67 in rent to 17 September 2023, which is the end of the tenancy. Filing fee
- Because [The landlord/s] has been successful with the claim I must reimburse the filing fee. Suppression
- The landlord requested suppression. As they have been successful with the claim, they are entitled to suppression. Therefore, I order that the landlord’s name and identifying details are not to be published. See section 95A(1) RTA.
- During the hearing, Mr Kale requested suppression for both tenants.
- Section 95A(4) RTA provides that the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- The tenants have not provided any evidence as to why their interests outweigh the public interest in publishing their names. Therefore, their request for suppression is declined.