Published tribunal order
Tenancy Tribunal case 4954547 — Rent arrears at 7 Healy Road, Manurewa, Auckland 2102
Decided 8 Jan 2025 · Published 8 Jan 2025 · Application 4954547
Landlord favoured
- Rent arrears
Order
- The tenancy of Vainetutai Otuafi, Taniela Otuafi and Davina Tearikiaua at 7 Healy Road, Manurewa, Auckland 2102 is terminated, and possession is granted to Pro Edge Property Management Limited As Agent For Guo, Rong (Maggie), at 5:00pm on Wednesday 8 January 2025.
- Vainetutai Otuafi, Taniela Otuafi and Davina Tearikiaua owe Pro Edge Property Management Limited As Agent For Guo, Rong (Maggie) $2,578.00, calculated as shown in the table below:
- The Bond Centre is to pay the bond of $2,578.00 to Pro Edge Property Management Limited As Agent For Guo, Rong (Maggie) immediately.
- The balance of the bond of $142.00 is to remain at the Bond Centre.
Reasons
- The landlord attended the hearing. The tenants did not.
- I am satisfied that the tenants had received proper notice of the hearing time, date and place and chose not to attend.
- I have called all three tenants this morning and left voice messages providing instructions on how to participate in the hearing if they choose to do so. None of them have done so.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, partial refund of the bond and reimbursement of the filing fee.
Should the tenancy be terminated?
- The Tribunal may 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 tenants have breached their obligations by recidivist rent breaches over many months in 2024.
- The landlord served seven 14-day notice on the tenant on 25/01/2024, 15/03/2024, 26/04/2024, 5,11,and 31/07/2024 and the tenants did not remedy these breaches within the required periods.
- It would be inequitable to refuse to terminate the tenancy because the tenants consistently fail to pay their rent in full and on time. In addition, they have failed to pay for their water consumption during the majority of their tenancy. The property owner has financial commitments that they cannot pay with such irregular rent and water rates payments from the tenants.
- The tenants’ tenancy is terminated from 5:00pm today. However, section 138(1)(a) of the District Court Act 2016 provides that the landlord may not enforce this eviction/possession order for 48 hours, being 5pm on Friday 10 January 2024.
- The landlord has applied for rent and water rates arrears and has provided rent records and water rates invoices which prove the amounts owing. Filing fee reimbursement
- Because Pro Edge Property Management Limited As Agent For Guo, Rong (Maggie) has wholly succeeded with the claim I must reimburse the filing fee.