Published tribunal order
Tenancy Tribunal case 4817877 — Tenancy dispute
Decided 26 Mar 2024 · Published 26 Mar 2024 · Application 4817877
- Healthy homes
- 14-day notice
Party names are redacted in the official published order.
Order
- The tenancy of Darryl Mark Wratt at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59 pm on Tuesday 2 April 2024.
- The Bond Centre is to pay the bond of $1,580.00 ([Bond number suppressed]) to [The landlord/s] immediately.
- Darryl Mark Wratt must pay [The landlord/s] $2,902.30 immediately, calculated as shown in the table below:
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- The landlord provided rent records which prove the amount owing. Rent was at least 21 days in arrears on the date the application was filed.
- The tenant submitted that there are healthy homes and maintenance issues at the house that the landlord is refusing to fix. He said WINZ told him to stop paying rent until the landlord carried out the repairs. This is surprising to me, because the Residential Tenancies Act 1986 (RTA) allows me to end a tenancy once rent is 21 days in arrears. The correct response when a tenant wants maintenance is for the tenant to file an application for work orders. The tenant has not done this.
- The tenancy is terminated because of the rent arrears. See section 55(1)(a) RTA.
- Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.
- The landlord’s application for suppression is allowed because the landlord is the most successful party.