Published tribunal order
Tenancy Tribunal case 4766237 — Rent arrears at 35 Hilltop Road, Flat Bush, Auckland 2019
Decided 13 Feb 2024 · Published 13 Feb 2024 · Application 4766237
- Rent arrears
Party names are redacted in the official published order.
Order
- Taeleileumete Soma must pay [The landlord/s] $3,361.08, being rent arrears to 13 February 2024, water bills and reimbursement of the filing fee, as calculated and shown below: DescriptionLandlord Rent arrears$2,570.00 Filing fee reimbursement$20.44 Total award Minus bond held by landlord $2720.00 $3361.00 Total payable by Tenant to Landlord$641.08
Reasons
- The landlord attended the hearing by video conference. The tenant did not attend by videoconference. The Tribunal rang her twice on her mobile number 02108167434, but it went to answerphone.
- The landlord has applied for termination of the tenancy, rent arrears, water bills, refund of the bond and reimbursement of the filing fee.
Should the tenancy be terminated?
- The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
- In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
- The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above. Rent arrears and water bills:
- The landlord has applied for rent arrears and water bills and has provided records which prove the amount of $2570.00 owing in rent arrears and $770.64 in water bills.
- I am satisfied that the landlord has proven their claim for water bills and rent arrears.
- The parties had another Tenancy Tribunal hearing in August 2023 and the bond was released to the landlord for rent arrears. Subsequently the tenant paid all the arrears. The landlord has retained the bond money of $2720.00 and will now use that money to offset the debt owed by the tenant to the landlord.
- The landlord seeks suppression of their details and as they have been successful in their claim, I will grant suppression.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.