Published tribunal order
Tenancy Tribunal case 4894405 — Rent arrears at 25A Hyde Road, Rothesay Bay, Auckland 0630
Decided 4 Jul 2024 · Published 4 Jul 2024 · Application 4894405
- Rent arrears
Party names are redacted in the official published order.
Order
- The tenancy of Alena Ivanova and Igor Ivanov at 25A Hyde Road, Rothesay Bay, Auckland 0630 is terminated, and possession is granted to [The landlord/s], at 11:59pm on 01 July 2024.
- The Bond Centre is to pay $4,144.45 of the bond ([Bond number suppressed]) to [The landlord/s] immediately being rent arrears of $3,835.71 to 01 July 2024, water rates of $288.30 and the filing fee calculated as shown in the table below: DescriptionLandlord Rent arrears to 01 July 2024$3,835.71 Water rates$288.30 Filing fee reimbursement$20.44 Total award$4,144.45 Bond$4,144.45
- The balance of the bond of $255.55 is to remain at the Bond Centre.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond.
- The landlord provided rent records by way of a rent ledger which prove the amount owing at the end of the tenancy. The invoices for the water rates have also been provided. The tenant does not dispute the amounts owing.
- Where rent is at least 21 days in arrears on the date the application was filed, section 55(1)(a) of the Residential Tenancies Act 1986 (the “Act”) provides that the Tribunal must order termination. Section 55(1A) of the Act provides that the Tribunal may make a conditional termination order if it is satisfied that the tenant will pay rent arrears within a period specified by the Tribunal and a further breach of the type referred to in section 55(1)(a) to (c) of the Act is unlikely.
- I am satisfied that rent was at least 21 days in arrears on the date the application was made. While the tenants advise that they are likely to be in a position to pay the rent arrears soon, they do not consider they will be able to pay the full weekly rent until at least August this year. I consider a further breach of the kind referred to in section 55(1)(a) of the Act is likely and it is not open to me to make a conditional termination order. Therefore, I must order termination in accordance with section 55(1)(a) of the Act.
- [The applicant/s] has wholly succeeded with the claim. Therefore, I must reimburse the filing fee and grant the application for name suppression.