Published tribunal order
Tenancy Tribunal case 4708589 — Rent arrears at 11 Temuera Street, Otaki 5512
Decided 25 Oct 2023 · Published 25 Oct 2023 · Application 4708589
- Rent arrears
Order
- The tenancy of [The tenant/s] and [The tenant/s] at 11 Temuera Street, Otaki 5512 is terminated, and possession is granted to Seddon Street Property Management Limited as Agent for Rustam Nomozov and [The landlord/s], at 11.59pm, Sunday 29 October 2023.
- The Bond Centre is to pay the bond of $1,161.01 (3090937-016) to Seddon Street Property Management Limited as Agent For Rustam Nomozov And [The landlord/s] immediately, calculated as shown in the table below:
- The balance of the bond of $834.99 is to remain at the Bond Centre.
Reasons
- The hearing was held by telephone. Neither Ms Tamihana nor Mr Tamihana attended the hearing. After several attempts to contact them without the call being answered I decided to proceed with the hearing and had Mr Hamilton present the case for Seddon Street. I am satisfied that Ms Tamehana and Mr Tamehana have been served with the notice of hearing as required by s 91 Residential Tenancies Act 1986. Mr Hamilton also discussed the hearing with Ms Tamehana this morning and urged her to attend.
- The landlord has applied for termination of the tenancy and rent arrears.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986. There is a history of non-payment of rent with a previous order from the Tribunal on 8 September 2023. The arrears were paid by MSD as per the order; however, the pattern of non-payment has resumed.
- Mr Hamilton, Seddon Street’s representative advised that Ms Tamihana has moved out of the property and considers her tenancy has ended. Mr Tamihana continues to occupy the property, but the rent is frequently part paid and is paid sporadically.
- The landlord provided rent records which prove the amount owing at the end of the tenancy will be $1,140.57.
- Because Seddon Street Property Management Limited As Agent For Rustam Nomozov And [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.