Published tribunal order
Tenancy Tribunal case 4868921 — Rent arrears at Flat 1, 7 Evelyn Place, Hillcrest, Auckland 0627
Decided 21 Jun 2024 · Published 21 Jun 2024 · Application 4868921
- Rent arrears
Order
- The tenancy of [The party] at Flat 1, 7 Evelyn Place, Hillcrest, Auckland 0627 is terminated, and possession is granted to [The landlord/s] at the end of 30 June 2024.
- The Bond Centre is to pay the bond of $2,080.00 (3099488-011) to [The landlord/s] immediately.
- [The party] must pay [The landlord/s] $7,734.72 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 20 June 2024$9,037.14 Rent from 21 June to 30 June 2024$757.14 Filing fee reimbursement$20.44 Total award$9,814.72 Net award$9,814.72 Bond$2,080.00 Balance to be paid to the landlord$7,734.72
Reasons
- The landlord attended the hearing in person.
- Rex Smith, [The party]’s son attended the hearing for her estate. Sadly, Ms Smith passed away on 2 December 2024.
- Mr Smith continues to live in the premises. Unfortunately, the Tribunal has not option but to terminate the tenancy because rent is more than 21 days in arrears.
- The landlord has applied for termination of the tenancy, rent arrears and payment over of the bond.
- Rent was at least 21 days in arrears on the date the application was filed, and the tenant has passed away. The tenancy is terminated under s 55(1)(a) and s 50A(1)(d) of the Residential Tenancies Act 1986.
- The landlord provided rent records which prove the amount owing up to the end of the tenancy which shall be 30 June 2024.
- Mr Smith would like to be formally become a tenant at the premises. That is something he can discuss with the landlord, presumably if Ms Smith’s estate pays all the arrears and rent due prior to the tenancy ending.
- The Tribunal understands the Public Trust is dealing with the tenant’s estate. Mr Smith intends to take advice from the Auckland Community Law Centre in the hope that Public Trust can release his share of the estate urgently because he has nowhere else live.
- The tenant’s estate must reimburse the landlord for the filing fee.
- The Bond Centre is to release the bond to the landlord immediately.