Tenant Ordered to Pay Rent Arrears and Filing Fee from Bond

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[2025] NZTT 5095351

TENANCY TRIBUNAL – video location

APPLICANT: [redacted] [NAME]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: 15 Nor'east Drive, Northcross, Auckland 0632

ORDER

1. The tenancy of [NAME] at 15 Nor'east Drive, Northcross, Auckland 0632 is terminated, and possession is granted to [COMPANY] as agent for [NAME], at the end of 28 February 2025.

2. [NAME] must immediately pay [COMPANY] as agent for [NAME] $3,052.71 from the bond, calculated as set out in the table below.

3. The Bond Centre is to pay the bond of $3,120.00 (3232149-003) immediately apportioned as follows:

[COMPANY] as agent for [NAME]: $3,052.71

[NAME]: $67.29

Description Landlord Tenant Rent arrears to 24/02/25 Rent for 25/02 – 28/02/25

$2,580.00 $445.71

Filing fee reimbursement $27.00 Total award $3,052.71 Bond $3,052.71 $67.29

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Reasons:

1. The hearing was conducted on Microsoft Teams.

2. [NAME] attended the hearing for the landlord by video.

3. The tenant attended by telephone.

4. The landlord seeks orders confirming termination of the tenancy and possession pursuant to a 90-day notice, rent arrears, rent to the end of the tenancy, reimbursement of the filing fee and payment from the bond.

5. The tenant has virtually moved out. Termination and possession is ordered for 28 February 2025 for clarity.

6. The tenant does not dispute the arrears. The landlord provided a rent summary that proves the amount owing to the end of yesterday is as set out in the table above.

7. The Tribunal orders rent from today to the end of the tenancy as set out in the table.

8. The Tribunal must order the tenant to reimburse the landlord for the filing fee because the landlord has wholly succeeded in its claim.

9. The tenant consents to the monetary order being made from the bond. The Tribunal orders the Bond Centre to allocate the bond in accordance with this order.

[NAME]

25 February 2025

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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 $260. 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: