Published tribunal order
Tenancy Tribunal case 4869360 — Rent arrears at 35 Elliott Avenue, Bayview, Auckland 0629
Decided 31 May 2024 · Published 31 May 2024 · Application 4869360
Landlord favoured
- Rent arrears
Order
- The tenancy of Nicole Snowball and Lesley Pairama at 35 Elliott Avenue, Bayview, Auckland 0629 is terminated, and possession is granted to Rentex Limited As Agent For Jiks Ltd, at midnight on Sunday 16 June 2024.
- Nicole Snowball and Lesley Pairama must pay Rentex Limited As Agent For Jiks Ltd $1,593.63 from the bond as calculated in the table below
- The Bond Centre is therefore to pay $1,595.63 from the bond of $$2,541.02 (6082763-011) to Rentex Limited As Agent For Jiks Ltd immediately.
- The balance of the bond of $945.39 is to remain at the Bond Centre.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Should the tenancy be terminated?
- The Tribunal shall terminate a tenancy where: 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.
- In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
- The grounds have been established and the tenancy must be terminated. Rent records have been provided which prove the amount owing at the end of the tenancy, as ordered above.
- The Tribunal may also terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
- Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
- The tenant has breached their obligations by failing to pay rent and water invoices.
- The landlord has served 14-day notices on the tenant on 15 January 2024, 7 March 2025 and 15 May 2024, and the tenant did not remedy the breach within the required period.
- It would therefore also have been considered inequitable to refuse to terminate the tenancy because the rent and water have been in arrears constantly since January and despite all of the notices the breaches have not been remedied and a considerable amount of water and some rent remains unpaid.
- The tenant should pay the weekly rent due tomorrow 1 June 2024 and the following Saturday 8 June 2024.
- The landlord has provided rent records and water invoices which prove the amount owing.
- Because Rentex Limited As Agent For Jiks Ltd has wholly succeeded with the claim I must reimburse the filing fee.