Tenant Ordered to Pay Rent Arrears and Terminate Tenancy

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[2025] NZTT 5161491

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. The tenancy of [NAME] at Unit/[ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], at 5pm on Sunday 16th March 2025.

2. [NAME] must pay [COMPANY] $3,327.00, being rent arrears up to and including 16th March 2025 and the filing fee. This amount will be reduced to reflect the amount of water rates the tenant is owed as at the 16th March 2025 as that figure is unknown at the time of this hearing.

3. Any clean up costs and outstanding rent will also be met from the bond. If the bond does not cover the costs and there is a dispute the clean up costs will be the subject of a further Tenancy Tribunal application.

Reasons:

1. The tenant was represented today by [NAME], her social worker working with her at the Hospital as [NAME] is currently a mental health inpatient.

2. The landlord has applied for rent arrears and termination.

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3. Having heard the evidence from both parties I am dealing with this matter in a practical and pragmatic way to be able to assist the parties with their end goal.

4. [NAME] is not due to be released from hospital until the 10th March. The fixed term tenancy ends on the 4th March. There is agreement for the tenant to be given the opportunity to be released and remove her belongings and clean up the property. She has until 5pm on Sunday the 16th March 2025 to do this.

5. The rent owing up to and including that date is $3,300.00. The tenant is also liable for the filing fee for this application. However as at the last water rates reading on the 24th February she was in credit for $1,407.62. That must be deducted from any costs that the landlord seeks. Given that the exact amount is unknown today and given I am dealing with this on a practical basis, I can not record the amount that will be provided for on the termination date.

6. It is expected that the tenant will have the property vacated on the 16th March. If she does not, the landlord is entitled to clean up the property and such reasonable costs will be met by the tenant. Those costs together with the rent arrears and filing fee will be deducted from the bond and any costs over and above the bond will be met by the tenant unless there is dispute, and the matter comes back to the Tribunal.

7. [COMPANY] has wholly succeeded with the claim I must reimburse the filing fee.

S Munro

28 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: