Published tribunal order
Tenancy Tribunal case 4672849 — Rent arrears at Sleepout - 41A Charnwood Crescent, Bishopdale,
Decided 19 Dec 2023 · Published 19 Dec 2023 · Application 4672849
- Rent arrears
Order
- The tenancy of [The tenant/s] at 41A Charnwood Crescent, Bishopdale, Christchurch 8051 is terminated, and possession is granted to DLRS Holdings Limited, at 10am on Tuesday, 19 December 2023.
- [The tenant/s] must pay DLRS Holdings Limited Lawrence Walker $1,800.44 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears (to 19 December 2023)$2,080.00 Filing fee reimbursement$20.44 Total award$2,100.44 Bond (held by landlord)$300.00 Total payable by Tenant to Landlord$1,800.44
- The tenant’s application is dismissed.
Reasons
- Mr Walker (for the landlord) attended hearings on 19 October and 19 December 2023.
- Ms Hill did not attend either hearing. She explained her non-attendance at the first hearing and was excused. Since the first hearing the applications have been adjourned twice at Ms Hill’s request.
- Ms Hill has applied for compensation and exemplary damages for alleged breaches of the landlord’s obligations.
- The landlord has applied for termination of the tenancy and rent arrears. Tenant Application
- Ms Hill did not attend the hearing today at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986 (RTA)
- Ms Hill’s application is dismissed. Landlord Application
- 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) RTA.
- The landlord provided rent records which prove the amount owing of $2,080.00 at the end of the tenancy.
- At the hearing on 19 October 223, Mr Walker advised that Ms Hill rents a sleepout at the property at 41A Charnwood Cres. He said that the sleepout has 2 bedrooms and a bathroom and that Ms Hill had access to a kitchen in the main house, until late August 2023 when he changed the locks.
- Mr Walker’s evidence at the first hearing, raised an issue about whether the premises are “unlawful”. See s78A RTA. I made directions for the parties to provide evidence and/or submissions in relation to that issue. Neither of them did so. However, Mr Walker confirmed that the landlord has not claimed rent for the period from 29 August 2023 to date.
- In the absence of evidence, I cannot determine whether the premises were lawful. The landlord has not charged rent since 29 August and is not sure whether the tenant is at the property. Even without rent accruing since August, the rent was more than 21 days in arrears at the date of the application. The tenancy is terminated.
- As the landlord was the successful party, I have awarded reimbursement of its filing fee.