Tenant's Lease Terminated for Non-Payment

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[2025] NZTT 5116094

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], Ngawha Springs, RD 2, Kaikohe 0472

ORDER

1. The tenancy of [NAME] at [ADDRESS], Ngawha Springs, RD 2, Kaikohe 0472 is terminated, and possession is granted to [COMPANY] As Agents For [NAME], at 5:00pm on Monday 31 March 2025.

2. [NAME] owes [COMPANY] As Agents For [NAME], $1,412.83, calculated as set out in the table below:

Description Landlord Tenant Rent arrears to 31 March 2025 $1,162.27 Water rates: to 21 October 2025 $223.56 Filing fee reimbursement $27.00 Total award $1,412.83 Bond $1,412.83 $27.17

3. The Bond Centre is to pay $1,412.83 from the bond of $1,440.00 (3476775- 007) to [COMPANY] As Agents For [NAME] immediately.

4. The balance of the bond of $27.17 is to remain at the Bond Centre.

Reasons:

1. The landlord attended the hearing. The tenant did not.

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2. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend. I tried to contact the tenant on the phone number listed for service in the tenancy agreement and left her a voice mail with instructions on how to attend the hearing. She did not do so.

3. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, rent and water rates arrears, partial refund of the bond and reimbursement of the application fee.

Should the tenancy be terminated?

4. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.

5. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.

6. The tenant has breached their obligations by failing to pay rent in full and on time since 9 April 2024.

7. The landlord served a 14-day notice on the tenant on 1 December 2024, and the tenant did not remedy the breach within the required period.

8. It would be inequitable to refuse to terminate the tenancy because the tenant is recidivist in failing to meet her obligations to pay her rent in full and on time.

9. The tenancy is terminated from 5:00pm on Monday 31 March 2025.

Reimbursement of filing fee

10. [COMPANY] As Agents For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.

M Pollak

25 March 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: