Published tribunal order
Tenancy Tribunal case 4709032 — Rent arrears
Decided 21 Nov 2023 · Published 21 Nov 2023 · Application 4709032
- Rent arrears
Party names are redacted in the official published order.
Order
- Suppression of both parties’ names and identifying details.
- The tenancy of [The tenant/s] at is terminated, and possession is granted to , at 5.00pm on Friday 1 December 2023.
- [The tenant/s] must pay [The landlord/s] $888.32 immediately (from the Bond) as shown in table below.
- must pay the remaining balance of the Bond being $1,711.68 immediately, as shown in table below.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, compensation for water and power, and filing fees.
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 not paying rent, water, and power bills as and when they fall due.
- The landlord served 14-day notices on the tenant on 1 September 2023 and 20 October 2023, and the tenant did not remedy the breaches within the required period. It would be inequitable to refuse to terminate the tenancy because this is the third hearing before the Tribunal, rent is still in arrears, and there are outstanding power and water bills despite previous orders.
How much does the tenant owe?
- The landlord provided rent records, water invoices (less base charge) and a power bill which proves the amounts owing. The tenant says that MSD have paid the outstanding water bills, but she was unable to provide any evidence in support.
- I have ordered that the landlord pay the remaining balance of the bond back to the tenant before the end of this tenancy as the bond should have been lodged with the Bond Centre within 23 working days of the start of this tenancy.
- As has succeeded with the claim, the tenant must reimburse the filing fee.