Published tribunal order
Tenancy Tribunal case 4702549 — Rent arrears
Decided 19 Dec 2023 · Published 19 Dec 2023 · Application 4702549
- Rent arrears
Party names are redacted in the official published order.
Order
- Anita Kim Te Aroha Paul must pay [The landlord/s] $1,160.00 immediately, being rent arrears to 12 December 2023.
- The Bond Centre is to pay the bond of $1,180.44 ([Bond number suppressed]) to [The landlord/s] immediately. The balance of the bond shall remain at the Bond Centre.
Reasons
- The Landlord attended the hearing. The Tenant did not appear.
- The landlord has applied for rent arrears, termination of the tenancy for breach of the tenant’s obligations, refund of the bond and reimbursement of the filing fee.
Should the tenancy be terminated?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
- Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
- The tenant has breached their obligations by failing to pay their rent when it is due.
- The landlord served a 14-day notice on the tenant on 3 October 2023 and the tenant did not remedy the breach within the required period.
- It would be inequitable to refuse to terminate the tenancy because the Tenant has been in rent arrears for three months and there has been considerable damage caused to the property by the Tenant which has not been repaired despite a 14-day notice being provided to the Tenant. The Tenant also has a dog on the premises which is in breach of the Tenancy Agreement.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
- As [The landlord/s] has wholly succeeded with the claim the Tenant must reimburse the filing fee and name suppression is granted to the landlord.