Published tribunal order
Tenancy Tribunal case 5299059 — Rent arrears at 311 Clifford Street, Whataupoko, Gisborne 4010
Decided 15 Aug 2025 · Published 15 Aug 2025 · Application 5299059
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
- The tenancy of [The tenant/s] at 311 Clifford Street, Whataupoko, Gisborne 4010 is terminated, and possession is granted to Bronwyn Kay Agency Limited, at 6.00pm on Sunday 28 September 2025, however this order 2 is subject to order 3 – 6 and the tenancy may terminate earlier if order 4 is not complied with.
- [The tenant/s] owes Bronwyn Kay Agency Limited $7,142.28 (“the debt”) being rent and rent arrears to 28 September 2025 of $7,114.28 and the filing fee of $28.
- [The tenant/s] must pay the debt as follows: a. By payment of the Bond of $2,600 immediately, b. By one payment of $1,500 on 14 August 2025, c. By one payment of $1,300 on 15 August 2025, d. By one payment of $1,500 on 29 August 2025, e. By a final payment $242.28 on 12 September 2025.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to make the payments towards the rent and rent arrears in order 4. b – e. within 2 working days of the due dates the tenancy at 311 Clifford Street, Whataupoko, Gisborne 4010 will terminate, and the landlord will have immediate possession of the premises.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
- The parties may agree to end the tenancy earlier than the termination date or the tenant may give notice pursuant to s 51 of the Residential Tenancies Act 1986 in which case she is only liable for rent until the end of the tenancy and the amount of the debt is to adjust accordingly.
- The Bond Centre is to pay the bond of $2,600.00 ([Bond number suppressed]) to Bronwyn Kay Agency Limited immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- The tenant disputed she has been served with the application but had received the text notifications. The tenant was served to an address for service she had provided in the tenancy agreement however the tenant said she had provided an updated email for the landlord to contact her on. The tenant said she no longer had access to the email she had provided as an address for service. I note that the tenant said she told the landlord her work email is the email address they should use to contact her, however I have not received confirmation she sent that email. The landlord says they can see their correspondence has been received and viewed by the tenant to the original email address for service.
- The landlord said they have served the tenant with a 90 day notice to terminate the tenancy with the termination date being 16 September 2025. The tenant also disputed receiving this notice to terminate the tenancy.
- The terms of this termination order were discussed, and it was agreed this was a pragmatic approach given the tenant said she agrees the tenancy should end but needed time to vacate the premises.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. 1
- The termination date is 28 September 2025. The tenant must pay rent in advance and rent arrears as set out in the Order. If the tenant fails to make any 1 See section 55(1)(a) Residential Tenancies Act 1986. of the payments set out in the order the tenancy will terminate within two working days.
- The landlord provided rent records which prove the amount owing as of 14 August 2025 is $2,935.71.
- Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee and do so by consent.
- The landlord did not seek name suppression.
- As the tenant has consented to the terms of this order, I consider it appropriate to grant her name suppression. 2