Published tribunal order
Tenancy Tribunal case 4972893 — Rent arrears at 21 Maurice Stanton Place, Shirley, Christchurch 8052
Decided 30 Aug 2024 · Published 30 Aug 2024 · Application 4972893
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- The tenancy of at is terminated, and possession is granted to , at 11.59 pm on Wednesday 28 August 2024. 3. 4.
Reasons
- The landlord attended the hearing which was held by teleconference. The tenants did not answer any of the four calls made at the scheduled time to them on the two numbers provided to the Tribunal.
- Because I am satisfied the tenants have been served notice of the hearing in accordance with the Residential Tenancies Act, 1986, the hearing was conducted in the tenant’s absence. Adjournment
- On 26 August 2024 the tenants requested an adjournment because they have work commitments, they are wanting to make a cross application, and because they wish to have legal representation.
- The application for an adjournment was not granted because: a. This application is a simple application covering a considerable amount of rent arrears, termination on the basis of the rent arrears, and a small cleaning cost, and b. the hearing is by teleconference and the tenants can attend from anywhere they wish that has telephone coverage, and c. hearing this application does not prejudice the tenants’ own application should they wish to file it. The claims
- The landlord states that the tenant returned possession of the property to the landlord without formally giving notice. The landlord is therefore applying for termination of the tenancy, rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord provided rent records which prove the amount owing at today’s date is $6,731.43.
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
- The landlord submitted an invoice for cleaning dated 09/09/2024 for $97.75 which has already been undertaken. However, because the tenancy was still in the tenants’ names at this time, I am not awarding cleaning costs incurred by the landlord against the tenant on that date.
- The amounts ordered are proved.
- Because the landlord has wholly succeeded with their application, I must reimburse the filing fee.