Published tribunal order
Tenancy Tribunal case 4810282 — Rent arrears at 3A Elliott Avenue, Bayview, Auckland 0629
Decided 9 Apr 2024 · Published 9 Apr 2024 · Application 4810282
Landlord favoured
- Rent arrears
Order
- The tenancy of Kayla Bomford at 3A Elliott Avenue, Bayview, Auckland 0629 is terminated, and possession is granted to Aspire Property Services Limited As Agent For Ihsan Munkeon & Ai Xin Huang, at 11:59pm on Tuesday 9 April 2024.
- The Bond Centre is to pay the bond of $1,769.60 (5664778-001) to Aspire Property Services Limited As Agent For Ihsan Munkeon & Ai Xin Huang immediately for the debt owed by Kayla Bomford calculated as set out in the table below.
- The balance of the bond of $790.40 is to remain at the Bond Centre.
Reasons
- The landlord attended the hearing. The tenant did not.
- I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
- The Tribunal tried to call the tenant on the mobile number provided but was unable to reach her.
- The landlord has applied for termination of the tenancy, rent arrears, partial refund of the bond and reimbursement of the filing fee.
Should the tenancy be terminated?
- The landlord proved it had issued the tenant three 14-day notices in a 90-day period on 26 January 2024, 2 February 2024 and 9 February 2024, requiring the tenant to remedy the rent arrears and she did not. These notices show: 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.
- Rent was also at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See sections 55(1)(aa) and 55(1)(a) Residential Tenancies Act 1986.
- The landlord provided rent records which prove the amount owing at the end of the tenancy. Reimbursement of the filing fee
- Because Aspire Property Services Limited As Agent For Ihsan Munkeon & Ai Xin Huang has wholly succeeded with the claim I must reimburse the filing fee.