Published tribunal order
Tenancy Tribunal case 5260120 — Rent arrears at Unit/Flat 5, 150 Firth Street, Hamilton East, Hamilton 3216
Decided 6 Jun 2025 · Published 6 Jun 2025 · Application 5260120
- Rent arrears
Order
- The tenancy of [The tenant/s] at Unit/Flat 5, 150 Firth Street, Hamilton East, Hamilton 3216 will end and possession is granted to Lodge City Rentals Limited as Agent for Brett Holmes, at 11.59pm on Thursday 12 June 2025.
- The Bond Centre is to pay the bond of $570.00 (3131364-020) to Lodge City Rentals Limited as Agent for Brett Holmes immediately.
- [The tenant/s] must pay Lodge City Rentals Limited as Agent for Brett Holmes $1,974.14 immediately, calculated as shown in the table below:
Reasons
- Mr Berryman and Ms Moulden, Property Managers, attended the hearing for the landlord. Mr Mahara did not appear. I am satisfied that the tenant was properly served with the notice of hearing and the case proceeded in his absence.
- The tenancy commenced on 24 January 2013 and was periodic.
- On 13 May 2025 the landlord filed an application with the Tribunal for termination of the tenancy, rent arrears and refund of the bond.
- The landlord provided an up to date rent record and gave evidence which prove rent was at least 21 days in arrears on the date the application was filed. See section 55(1)(a) Residential Tenancies Act 1986 (the “Act”).
- However, on 22 May 2025 the tenant gave 21 days’ notice to end the tenancy. The landlord confirms they will gain possession of the property on 12 June 2025.
- As the tenant has given notice, which the landlord accepts, and no longer seeks immediate termination of the tenancy, the Tribunal has proceeded on the basis that this is a claim for rent arrears only.
- The landlord has produced up to date rent summaries that show rent arrears to today’s date and to the end of the tenancy on 12 June 2025.
- Because Lodge City Rentals Limited as Agent for Brett Holmes has wholly succeeded with the claim I must reimburse the filing fee.
- The landlord did not seek name suppression.