Published tribunal order
Tenancy Tribunal case 4995788 — Rent arrears at Unit/Flat Flat 27, 147 Quay Street, Auckland Central,
Decided 12 Nov 2024 · Published 12 Nov 2024 · Application 4995788
- Rent arrears
Party names are redacted in the official published order.
Order
- The tenancy of [The tenant/s] at Unit/Flat Flat 27, 147 Quay Street, Auckland Central, Auckland 1010, Shed 22 is terminated, and possession is granted to [The landlord/s], at 11.59pm on Tuesday 12 November 2024.
- [The tenant/s] must pay [The landlord/s] $13,579.85 immediately, calculated as shown in the table below:
Reasons
- Both parties attended the hearing which was held by teleconference.
- The landlord has applied for termination of the tenancy, rent arrears, reimbursement of the filing fee and payment of the bond.
- Rent was at least 21 days in arrears on the date the application was filed and so the tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- At today’s hearing it was established that as at today’s date there is an amount of $15,522.85 outstanding in rent arrears.
- It was also established that the $1970.00 bond had not been lodged at the Bond Centre and so while I am therefore unable to order the Bond Centre to pay this amount to the landlord, the rent arrears has been reduced by the amount of bond paid at the beginning of the tenancy.
- Further to the rent arrears I am also ordering the tenant to reimburse the filing fee to the landlord because the landlord was wholly successful in the claim against the tenant.
- Section 95A of the Residential Tenancies Act 1986 provides that: (1) The Tribunal may, on the application of any party to the proceedings or on its own initiative, having regard to the interests of the parties and to the public interest order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published. (2) An order may be subject to any conditions that the Tribunal considers appropriate. (3) If a party that has wholly or substantially succeeded in the proceedings applies for an order that their name or identifying particulars not be published, the Tribunal must make the order unless the Tribunal considers that publication is in the public interest, or is justified because of the party’s conduct or any other circumstances of the case.
- I am suppressing the landlord’s name because the landlord has applied for suppression and was wholly successful in the claim.
- I am also suppressing the tenant’s name because I accept the evidence that the rent arrears have occurred because the tenant has not been paid a significant amount for his consultancy work and I accept that his ability to obtain another rental property, once he has been paid, will be severely impacted, due to no fault of his own. I have also taken into account that the landlord supports the tenant’s application for suppression. C ter Haar 12 November 2024