Published tribunal order
Tenancy Tribunal case 5484353 — Rent arrears at Unit/Flat Apartment 705, 32 Swanson Street, Auckland
Decided 30 Jun 2026 · Published 30 Jun 2026 · Application 5484353
- Rent arrears
Order
- The tenancy of Arikanta Saengkla at Unit/Flat Apartment 705, 32 Swanson Street, Auckland Central, Auckland 1010, Park Residences is terminated, and possession is granted to City Rentals And Sales Limited, at 11.59pm on Tuesday 30 June 2026.
- The landlord is to apply the bond of $2,380.00 that they have in their trust account towards the debt.
- Arikanta Saengkla must pay City Rentals And Sales Limited $1,056.00 immediately, calculated as shown in the table below:
Reasons
- Both parties attended the hearing.
- The landlord applied to the Tribunal on the 8 April 2026 seeking payment of rent arrears and the filing fee. Soon after the landlord amended its application to include termination of the tenancy pursuant to a 14-notice given to the tenant on the 15 April 2026.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent arrears and refund of the bond.
- I am satisfied that the Notice of Hearing sent on the 22 April to the tenant told the tenant that the landlord had applied for termination of the tenancy and that termination would be considered at this hearing.
Should the tenancy be terminated?
- Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
- Rent is at least 21 days in arrears at the hearing date. The tenancy is terminated.
How much does the tenant owe?
- The landlord provided rent records which prove the amount owing at the end of the tenancy.
- The tenant currently owes 40 days rent.
- The tenant asked the Tribunal not to terminate her tenancy because she says that she has plans to pay back all the arrears tomorrow.
- The rent ledger shows that this tenant first missed a rent payment only 4 weeks into her tenancy. She has never been out of rent arrears since that date and has missed other rent payments. Given that rent history (of over a years tenancy where the tenant has been in rent arrears and has repeatedly missed rent payments) I do not consider it unlikely that the tenant would not breach her obligations again.
- The tenant agreed at the end of March that the landlord could use her bond towards her rent- this is shown in the rent ledger as being applied on the 30 March 2026. The landlord says that after that date the tenant was required to pay the bond back and that the landlord has accumulated four weeks bond in the trust account. That amount should be applied to the rent owed.
- I record that even if the tenant had made that payment as rent not bond I would have terminated this tenancy under s56 as I believe it is equitable to do so in the circumstances, give the tenants long history of arrears and failure to make good promises that the tenant has made to the landlord to pay back rent owed.
- Because City Rentals And Sales Limited has wholly succeeded with the claim I must reimburse the filing fee.