Published tribunal order
Tenancy Tribunal case 4711129 — Rent arrears
Decided 21 May 2024 · Published 21 May 2024 · Application 4711129
- 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 William Tupou at [Tenancy address suppressed] is terminated immediately, and possession is granted to [The landlord/s], at 5pm on 21 December 2023.
- The Bond Centre is to pay the bond of $1,812.45 ([Bond number suppressed]) to [The landlord/s] immediately, as per the table below.
- The balance of the bond is to remain at the Bond Centre.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- The tenant accepts the amount owing for rent and water. He apologises for the current situation and says that he has had difficulty making rent payments. He has been trying to access his Kiwi saver but has no dates he can offer as to when he would be able to make payment in full from his Kiwi saver. He advised the Tribunal that he believes he is in a position to pay $1200 from his next wages payment and then hopes to pay the rest off overtime. The landlord does not accept that proposal and wants termination in order to be able to pay the mortgage.
- 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.
- I am satisfied that the amount owing for rent and water as ordered above is payable.
- Because [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
- The Tribunal can order name suppression when a party has been wholly or substantially successful in the proceeding. In this case the landlord has applied for name suppression, and I am satisfied that suppression should be granted.