Published tribunal order
Tenancy Tribunal case 4736590 — Rent arrears at 28D Sunnynook Road, Sunnynook, Auckland 0620
Decided 13 Mar 2024 · Published 13 Mar 2024 · Application 4736590
- Rent arrears
Party names are redacted in the official published order.
Order
- The tenancy of Valentina Nunez Soto at 28D Sunnynook Road, Sunnynook, Auckland 0620 is terminated, and possession is granted to [The landlord/s], at
- 59 pm Thursday 21 March 2024.
- Valentina Nunez Soto must pay [The landlord/s] $0.00 immediately, being rent arrears of $40.00 and reimbursement of the filing fee of $20.44.
Reasons
- Both parties attended the hearing by telephone.
- The Tribunal made an Order on 22 December 2023 requiring the tenant to: a. Pay the landlord $141.91 for outstanding water rates. b. Permanently remove all animals from the property. c. Arrange to have two broken windows and damage to the internal wall repaired in a tradespersonlike manner. d. Make the property reasonably clean and tidy. e. Pay the arrears of rent of $40.00 by 24 December 2023. f. Provide access to the landlord to inspect the property from a start time between 12 pm and 1 pm Thursday 18 January 2024.
- The landlord provided evidence that the tenant failed to comply with items b to f and was paying an amount in reduction of the water rates that was insufficient to keep up with the water rates.
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.
- The landlord first gave the tenant notices of the breach in relation to pets, damage and cleaning on 19 September 2023. The tenant has had nearly four months from that date to remedy these breaches and has not done so. In addition, the tenant has failed to comply with an order of the Tribunal.
- The tenant’s refusal to allow the landlord access to inspect the property on a date agreed by the tenant at the last hearing and required by an order of the Tribunal is a serious matter. Failure to allow the landlord access to inspect the property is an unlawful act. See section 48(4)(b) RTA.
- The tenant’s breaches have been persistent over a long period of time. They have been committed intentionally. The tenant has been given a significant period of time to remedy the breaches and has failed to do so. Termination is not disproportionate to the breaches given the time and opportunity she has been given to remedy the breaches.
- The nature of the breaches reflects on the tenant’s unwillingness or inability to meet her obligations under the tenancy agreement and the RTA, specifically to keep the property reasonably clean and tidy, to pay her rent and water rates, and repair damages for which she is responsible. These are core obligations and they have been persistently breached in full awareness of the likely consequence as the tenant was specifically cautioned in the Tribunal’s Order of 22 December 2023: “The tenant needs to be aware that if the landlord requires a further hearing because these breaches have not been remedied, the Tribunal may well determine that termination of the tenancy is justified.”
- Given the history of the tenant’s behaviour as evidenced in the landlord’s application and the tenant’s response to the opportunity given by the Tribunal to remedy the breaches within a timeframe agreed by the tenant, I am not satisfied that the tenant will comply with her obligations in the future.
- The Tribunal must therefore conclude that it would be inequitable to refuse to terminate the tenancy.
- Given the tenant’s domestic situation, I have determined that the tenant be allowed a period of one week before the termination order takes effect.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.