Published tribunal order
Tenancy Tribunal case 4900555 — Rent arrears at Flat 1, 206 Hereford Street, Christchurch 8011
Decided 12 Jun 2024 · Published 12 Jun 2024 · Application 4900555
- Rent arrears
Order
- The tenancy of [The tenant/s] at Flat 1, 206 Hereford Street, Christchurch 8011 is terminated, and possession is granted to Rempstone Property Management Limited, at 12.30pm on Wednesday 12 June 2024.
- The Bond Centre is to pay $1,080.44, calculated as shown in the table below, from the bond (6441922-007) to Rempstone Property Management Limited immediately and the remaining bond in the sum of $899.56 is to remain at the Bond Centre.
Reasons
- The hearing was conducted by telephone. Both parties attended.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears and payment of the bond and the filing fee.
- The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. A tenancy is abandoned where the tenant leaves the premises, not intending to return.
- This is a fixed term tenancy, with a contractual end date of 5 October 2024.
- There were two tenants. The other tenant withdrew from the tenancy by serving a notice under s58B of the Residential Tenancies Act 1986 (family violence). I am satisfied that the notice and supporting evidence complies with the Act and validly withdrew the other tenant from the tenancy.
- I note that Mr Gnida denies any violence and produced evidence that the other tenant denied that she left the premises due to his violence. That does not affect the validity of the other tenant’s notice. The Tribunal cannot look behind the notice if it complies with the requirements of the Act.
- There is no dispute that Mr Gnida has vacated the premises and he has not done so following any agreement with the landlord or for any other valid reason. It follows that he has abandoned the premises.
- Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
- The landlord provided rent records which prove the rent owing as awarded above. Because the tenancy is for a fixed term, the tenant remains liable to pay rent until the premises have been relet or until the end of the fixed term whichever comes first. The landlord confirmed that the premises will now be advertised for rent.
- I have ordered payment of the rent arrears to date from the bond. The bond remains available to pay rent arrears and for any other valid claims the landlord has against the tenants.
- The landlord has succeeded and so the tenant must pay the filing fee.