Published tribunal order
Tenancy Tribunal case 5041388 — Rent arrears at 11 McDougall Street, Manurewa East, Auckland 2102
Decided 2 Dec 2024 · Published 2 Dec 2024 · Application 5041388
Landlord favoured
- Rent arrears
Order
- The tenancy of Simranjeet Singh and Kamal Kumar at 11 McDougall Street, Manurewa East, Auckland 2102 is terminated, and possession is granted to Auckland Property Management Limited As Agent For Bo Jiang, at 11:59pm Saturday 7 December 2024.
- The Bond Centre is to pay the bond of $1,327.00 (5991514-004) to Auckland Property Management Limited As Agent For Bo Jiang immediately as shown in the table below:
- The balance of the bond is to remain at the Bond Centre.
Reasons
- Both parties attended the hearing via remote teleconference.
- The landlord has applied for payment of rent arrears and termination of the tenancy for breach of the tenant’s obligations.
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 failing to pay the rent on time each week as required. The landlord provided an updated rent ledger prior to the hearing. The ledger clearly highlights the sporadic rent payments.
- The landlord served a 14-day notice on the tenant on 4 October 2024 and the tenants did not remedy the breach within the required period. Although attempts have been made by the tenants to bring the arrears up to date the landlord confirmed during the hearing that the rent is still in arrears as at todays’ date.
- It would be inequitable to refuse to terminate the tenancy because of the breach of tenant’s obligations and the ongoing rent arrears.
- The landlord’s claim is proven.
- Because Auckland Property Management Limited As Agent For Bo Jiang has wholly succeeded with the claim I must reimburse the filing fee.