Published tribunal order
Tenancy Tribunal case 4857260 — Rent arrears at 780 Mid Puniho Road, Newall, Warea 4381
Decided 16 May 2024 · Published 16 May 2024 · Application 4857260
- Rent arrears
Party names are redacted in the official published order.
Order
- The tenancy of Vincent Potroz at 780 Mid Puniho Road, Newall, Warea 4381 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Thursday 16 th May 2024.
- Vincent Potroz must pay [The landlord/s] $3,883.24 immediately being rent arrears to 16 May 2024 and filing fee, as calculated, and shown in the table below: DescriptionLandlord Rent arrears to 16/05/24$2,728.07 Previous order application 4828082 dated 09/04/2024$3,214.73 Filing fee reimbursement$20.44 Total award$5,963.24 Bond-$2,080.00 Total payable by Tenant to Landlord$3,883.24
- The Bond Centre is to pay the bond of $2,080.00 ([Bond number suppressed]) to [The landlord/s] immediately.
Reasons
- Both parties attended the hearing on the phone.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- The Tribunal issued an order on 9 April 2024 for rent arrears and the filing fee. The application number was 4828082.
- Despite the tenant offering to get a lump sum from WINZ and/ or their Kiwi Saver, the rent arrears have not been cleared.
- The rent arrears are accruing as the tenant does not have employment and WINZ has stopped their direct debit for the rent.
- The landlord has no confidence that the rent will be paid, and the arrears will be cleared. I incorporate the previous Order 4828082 and the outstanding unpaid arrears from 1o April 2024 into this order. Rent arrears & termination:
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The tenancy is terminated on Thursday 16 th May 2024 at 11.59pm.
- The landlord provided rent records which prove the amount $5942.86 owing at the end of the tenancy. I am satisfied that the landlord has proven their claim for rent arrears. Bond:
- The bond is to be refunded immediately to the landlord to offset the debt owed by the tenant. Suppression:
- The landlord has applied for suppression of their name and identifying details. As they have been successful in their application, I will grant suppression. Filing fee:
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.