Published tribunal order
Tenancy Tribunal case 4815598 — Rent arrears at Unit/Flat Unit 5c, 11A Central Avenue, Papatoetoe,
Decided 28 Mar 2024 · Published 28 Mar 2024 · Application 4815598
- Rent arrears
Order
- The tenancy of [The tenant/s] at Unit/Flat Unit 5c, 11A Central Avenue, Papatoetoe, Auckland 2025 is terminated, and possession is granted the Home In Place (New Zealand) Limited immediately.
- [The tenant/s] must pay Home In Place (New Zealand) Limited $1,254.71 immediately, being rent arrears to 28 March 2024 ($129) and carpark (facility) arrears of $1,125.71.
Reasons
- Both parties attended the hearing.
- The Landlord has applied to terminate the tenancy for non-payment of rent and for an award of rent arrears and has provided rent records which prove the amount owing.
- The rent was more than 21 days in arrears as at the date of the Landlord’s application. This was not apparent to me at the time of the hearing, given my confusion regarding a separate facility agreement for carparks, but I subsequently confirmed this with reference to the Landlord’s records. The tenancy is terminated. I do not consider I can make a conditional order given the Tenant’s history of non-payment.
- The Tenant would like to stay on at the premises, and has a plan to make sure her rent is paid in full and on time, however, this will be a matter she will need to take up with the Landlord.