Published tribunal order
Tenancy Tribunal case 5068877 — Rent arrears at 23A Clyde Road, Otara, Auckland 2023
Decided 13 Dec 2024 · Published 13 Dec 2024 · Application 5068877
- Rent arrears
- 14-day notice
Order
- The tenancy of [The tenant/s] and Fitifitigade Tofiga at 23A Clyde Road, Otara, Auckland 2023 is terminated, and possession is granted to the Landlord immediately.
- [The tenant/s] and Fitifitigade Tofiga are to pay the Landlord $9,530.00 immediately, being rent arrears to 13 December 2024.
- [The tenant/s] and Fitifitigade Tofiga are to pay the Landlord $81.46 immediately, being unpaid water charges at the premises.
- [The tenant/s] and Fitifitigade Tofiga are to pay the Landlord $27.00 immediately, being the Landlord’s application filing fee.
Reasons
- Both parties attended the hearing by phone.
- The Landlord has applied for termination of the tenancy and rent and water arrears and the application filing fee.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated: s 55(1)(a) Residential Tenancies Act 1986
- The Landlord has provided a rent summary showing the rent owing at 21 November 2024.
- The Tenant, advised of the hearing on 8 December 2024, and sent hearing reminders by text and email, claims to have had inadequate notice of the hearing.
- Despite the ostensible support of her CAB case worker who she provided her bank statements to this morning, the Tenant has been unable to explain how much rent she currently owes. During the hearing she asked the Landlord if she could pay him more money to cover the arrears and keep the tenancy active. I asked the Tenant whether they could prove they were not more than 21 days in arrears now, and they asked for more time. I am not prepared to give them more time, noting the arrears continue to grow, and the Landlord’s evidence that issues with timely rent payment have been ongoing for some length of time.