Published tribunal order
Tenancy Tribunal case 5065968 — Rent arrears at 9 Hamblyn Place, Ranui, Auckland 0612
Decided 29 Nov 2024 · Published 29 Nov 2024 · Application 5065968
Landlord favoured
- Rent arrears
Order
- The tenancy of Barry Phillips and Tessa Boyed at 9 Hamblyn Place, Ranui, Auckland 0612 is terminated and possession is granted to First Reserve Limited T/A Focus Rental as agent for Depei Qiu, immediately.
- The Bond Centre is to pay the bond of $3,200.00 (6137161-003) to First Reserve Limited T/A Focus Rental as agent for Depei Qiu immediately.
- Barry Phillips and Tessa Boyed must pay First Reserve Limited T/A Focus Rental as agent for Depei Qiu $1,969.86 immediately, calculated as shown in the table below:
Reasons
- The hearing was conducted by telephone.
- Peter Qiu attended the hearing for the landlord.
- The tenants did not attend. The hearing proceeded in their absence.
- The landlord has applied for termination of the tenancy for abandonment, rent arrears, rent in lieu, reimbursement of the filing fee, 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 pursuant to s 61 Residential Tenancies Act 1986.
- A tenancy is abandoned where the tenants leave the premises without reasonable excuse, not intending to return or to meet their obligations, and fail to notify the landlord.
- The tenants stopped paying rent on 22 October 2024. On 10 November 2024, the property manager visited the premises which appeared to have been abandoned. The tenants have not returned to the premises, or paid any rent, or explained their absence or anything else about what is going on to the landlord. I find the tenants abandoned the premises on 10 November 2024.
- Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.
What amount must the tenants pay for rent and rent-in-lieu?
- The tenants are liable to pay rent for 28 days after the date of abandonment, which is 8 December 2024. They must pay rent-in-lieu to 8 December 2024.
- The landlord provided rent records which prove the amount owing to today’s date and the end of 8 December 2024. Filing fee
- The tenants must reimburse the landlord for the filing fee. Bond
- The bond is to be released to the landlord in part-payment of the tenants’ debt ordered in this decision.