Published tribunal order
Tenancy Tribunal case 4939534 — Rent arrears at 243 Blockhouse Bay Road, Avondale, Auckland 0600
Decided 12 Nov 2024 · Published 12 Nov 2024 · Application 4939534
Landlord favoured
- Rent arrears
Order
- Aneshbhai Pravinbhai Akabari must pay Property Scene 2 Limited and Jerome Chan $3,238.16 immediately, calculated as shown in table below.
Reasons
- Ms Mak and Mr Chan attended the hearing for the landlord. The tenant was phoned on the number provided but there was no response to the calls.
- The landlord has applied for rent arrears, water rates, and reimbursement of the filing fee following the end of the tenancy.
- The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply. Where the application is filed more than two months after the tenancy ended the application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made: section 91A(2) Residential Tenancies Act 1986 (the Act). The application has not been served in accordance with these requirements.
- Ms Mak and Mr Chan said that the tenant had left for India in March 2024 and it it is not clear whether he intends to return to New Zealand. They are unable to find an address for the tenant in India and only have an email address which the tenant was using to correspond with the landlord shortly after he left New Zealand. The correspondence between the parties indicates that the tenant does not dispute the amounts claimed.
- Where, as here, the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply to the Tribunal for a direction that service be dispensed with: section 91B(2)(c) of the Act. In the circumstances here I consider it appropriate to exercise my discretion in the landlord’s favour and direct that service be dispensed with in accordance with section 92B(2)(c).
How much is owed for rent and water rates?
- The tenancy ended on 7 April 2024 (28 days after the tenant advised the landlord that he had left New Zealand and wanted to end the tenancy). The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy.
- The landlord has been successful in its claim and is therefore entitled to payment of the Tribunal application fee.