Tribunal Grants Possession Order and Awards Rent Arrears

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[2023] NZTT 4669529

TENANCY TRIBUNAL - North Shore | Ōkahukura

APPLICANT: [redacted] [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE], Upper flat

ORDER

1. It is declared that he tenancy of [NAME] at [ADDRESS], [POSTCODE], Upper Flat ended at the end of 10 September 2023.

2. Possession of [ADDRESS], [POSTCODE], Upper Flat is granted to [NAME] as agent for [NAME] immediately. This possession order applies to [NAME] and to any other person.

3. The Bond Centre is to pay $2,090.44 from the bond (6389033-006) to [NAME] as agent for [NAME] immediately, calculated as set out in the table.

4. The balance of the bond of $909.56 is to remain at the Bond Centre pending further application by the landlord.

Description Landlord Tenant Rent arrears to the end of 10 September 2023 $1,100.00 Rubbish removal $970.00 Filing fee reimbursement $20.44 Total award $2,090.44 Bond $2,090.44 $909.56

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REASONS:

1. [NAME] attended the hearing.

2. The tenant did not attend. [NAME] believes that the tenant is currently residing at His Majesty’s pleasure.

3. The hearing proceeded in the tenant’s absence.

4. The landlord has applied for a possession order, rent arrears, compensation for the cost of rubbish removal, reimbursement of the filing fee, and payment out of the bond.

End of the tenancy and possession order

5. The landlord gave the tenant a 90-day notice terminating the tenancy on 10 September 2023.

6. The tenant was evidently detained on 25 August 2023.

7. Despite the tenancy ending and there being no new tenancy being granted, people other than the tenant remain living at the premises.

8. The people living at the premises have no authority to remain there. They are “squatters” as that term is used in s 65 of the Residential Tenancies Act 1986.

9. A possession order with immediate effect is issued.

Rent arrears and rubbish removal costs

10. [NAME] has provided rent records and invoices which prove the amount the tenant owes for rent to the end of the tenancy.

11. An order is made for rent arrears to the end of 10 September 2023.

12. The landlord has removed some of the tenant’s rubbish from outside the house.

13. [NAME] provided invoices proving the cost of rubbish removal was $970.00.

14. An order is made for that amount.

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Filing fee

15. The landlord having wholly succeeded with the application, the tenant must reimburse them for the filing fee.

[NAME]

02 October 2023

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $200. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

REASONS: