Published tribunal order
Tenancy Tribunal case 5046508 — Rent arrears at Unit/Flat Flat 4E, 4 St Paul Street, Auckland Central,
Decided 25 Nov 2024 · Published 25 Nov 2024 · Application 5046508
- 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 Bond Centre must pay the bond of $1,660.00 (5181572-014) to [The landlord/s]
- Junior Napara must pay [The landlord/s] $501.29immediately, calculated as shown in the table below.
Reasons
- The landlord attended the hearing. An unsuccessful attempt was made to phone the tenant on the number given in the Notice of Hearing
- The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond.
Should the tenancy be terminated?
- The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
- On 22 November 2024 the property manager became aware that the tenant had been arrested at the premises and imprisoned.
- Several attempts were made to contact the tenant or a representative.
- After making contact with the tenant, who authorised them to do so, the property managers allowed the tenant’s mother and partner access to the premises to remove the tenant’s belongings and clean it. Possession was returned to the landlord on Friday 22 November 2024.
- Because the premises were abandoned, and rent is in arrear, the tenancy is terminated effective from that date.
How much does the tenant owe?
- The landlord provided rent records which prove the amount owing at 22 November 2022. Although this is a fixed term tenancy, the landlord only seeks rent to the date possession was recovered.
- Because the landlord has succeeded with the claim I must reimburse the filing fee.