Published tribunal order
Tenancy Tribunal case 5535200 — Rent arrears at 35 Rogan Street, Mount Roskill, Auckland 1041
Decided 24 Jul 2026 · Published 24 Jul 2026 · Application 5535200
- Rent arrears
Order
- The tenancy of [The tenant/s] at 35 Rogan Street, Mount Roskill, Auckland 1041 is terminated, and possession is granted to Barfoot & Thompson Limited as Agent for Donny Wong, at 10am on Friday 24 July 2026.
- The Bond Centre is to pay $1,300 from the bond of $2,600.00 (BN-00147079) to Barfoot & Thompson Limited as Agent for Donny Wong immediately. The balance of the bond is to remain at the Bond Centre pending further order of the Tribunal.
- [The tenant/s] must pay Barfoot & Thompson Limited as Agent for Donny Wong $1,723.58 immediately, calculated as shown in the table below.
- This possession order may be enforced immediately.
- Enforcement of the money order is stayed until 28 August 2026 or until further order of the Tribunal.
- The Tribunal will decide who receives the balance of the bond under the application made by the former joint tenant to be heard on 28 August 2026.
Reasons
- Only the landlords’ representatives attended the hearing today which was conducted remotely.
- The landlord has applied for termination of the tenancy for rent arrears and claims the arrears and payment of the bond. Background
- The tenancy began in September 2025 at which time there were two joint tenants including Mr Horne.
- On 30 April 2026 the other joint tenant was released from the tenancy with the agreement of the then three parties. The landlord produced evidence of Mr Horne’s agreement to the release. At that time rent was not in arrears.
- At that time, Mr Horne said that he would pay the other tenant’s half share of the bond to her leaving the full amount of the full bond to cover any ensuing liability. The landlord is not aware if that has occurred.
- The other tenant has made an application to the Tribunal seeking payment of her half share of the bond and that has been scheduled for hearing on 28 August 2026. Decision
- Where a landlord applies to terminate for rent arrears, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy.
- Rent is at least 21 days in arrears today and therefore the tenancy is terminated, and possession is given to the landlord.
- The tenant has stopped paying rent and it is unclear whether he is living in the premises. Others are living there. The landlord has been unable to contact the tenant. I have therefore directed that the possession order may be enforced immediately.
- The landlord provided a rent statement and invoices which prove the amounts of rent arrears and water charges owing to today.
- The landlord has succeeded and so I have awarded the filing fee.
- In normal circumstances I would have ordered the bond to be paid to the landlords in full. The view I take is that the bond is paid jointly by the tenants, and it should be available to the landlord to meet any liability due under the tenancy. Issues as to who paid the bond are between the tenants and the Tribunal should not be involved with them.
- Plainly the other tenant wants to dispute that, and because she has not received notice of this application and she has made her own application, she is entitled to be heard on the issue for reasons of natural justice.
- I have therefore ordered half the bond to be paid to the landlord and the Tribunal will decide what happens to the remaining half at the hearing of the other tenant’s application.
- This order gives Mr Horne credit for only half the bond and if the other half is paid to the landlords that will reduce his liability by that amount. In the meantime I have stayed enforcement of the money order.