Published tribunal order
Tenancy Tribunal case 5123509 — Rent arrears at Unit/Flat Unit 918, 74 Taranaki Street, Te Aro, Wellington
Decided 13 Mar 2025 · Published 13 Mar 2025 · Application 5123509
Mixed / unclear
- Rent arrears
Order
- The tenancy of Corey Whittaker at Unit/Flat Unit 918, 74 Taranaki Street, Te Aro, Wellington 6011, Soho Apartments is terminated and possession is granted to Iron Bridge Property Management (Wgtn) Limited immediately.
- Corey Whittaker is to pay Iron Bridge Property Management (Wgtn) Limited $4,241.29 immediately, calculated as follows: DescriptionLandlord Rent arrears to 6 March 2025$6,214.29 Application filing fee27.00 Total award$6,241.29 Minus Bond-$2,200.00 Tenant to Pay$4,241.29
- The Bond Centre is to pay the full bond of $2,200.00 to Iron Bridge Property Management (Wgtn) Limited immediately.
Reasons
- The Landlord attended the hearing by phone. The Tenant did not answer their phone when called.
- The call connection was poor and disconnected at one point. I called the Landlord back. I asked focused questions to illicit evidence which squarely addressed the legal inquiries, and to limit the amount of talking. I apologise to the Property Manager and her colleague if they perceived that I was terse or impolite. I was conscious that the call may drop out again. If parties aim listen to the Adjudicator, often they will find they are being provided with information that will assist them.
- The Landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Should the tenancy be terminated?
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
- When the application was amended on 24 March 2024, the rent was more than 21 days in arrears.
- The rent is also more than 21 days in arrears today.
- The tenancy is terminated.
- Because Iron Bridge Property Management (Wgtn) Limited As Agent For Irene King & Owilton Biel has wholly succeeded with the claim I must reimburse the filing fee.