Published tribunal order
Tenancy Tribunal case 5312519 — Rent arrears at 28 City View Grove, Harbour View, Lower Hutt 5010
Decided 3 Nov 2025 · Published 3 Nov 2025 · Application 5312519
- Rent arrears
- 14-day notice
Order
- The rehearing request is dismissed.
- [The tenant/s] owes Rentcare Property Management Limited $2,413.55 (“the debt”) being rent arrears to Wednesday 5 November 2025.
- [The tenant/s] must pay Rentcare roperty Management Limited: a. $2,655.00 on Wednesday 5 November 2025 and on Wednesday 19 November 2025 being $1,770.00 for two weeks rent in advance and $885.00 towards the debt in order 1. b. The balance of the debt in order 1 on Wednesday 3 December 2025.
- Payments will be allocated first to rent and then to rent arrears
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 28 City View Grove, Harbour View, Lower Hutt 5010 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The tenancy of [The tenant/s] at 28 City View Grove, Harbour View, Lower Hutt 5010 will terminate, and possession is granted to Rentcare Property Management Limited, at 11.59 on Wednesday 3 December 2025.
Reasons
- Both parties attended the rehearing consideration hearing.
- Usually, the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure, for example, that they did not receive notice of the hearing or they were not able to properly present their case. A rehearing may also be granted where there is new evidence that was not reasonably available at the first hearing, if it could have affected the outcome.
- A rehearing will not be granted just because a party is unhappy with the decision, or to give them a second opportunity to present their case.
- Today was an opportunity for the respondent to tell me why they thought the application should be reheard and on what grounds. They were not able to provide any reasons that met the criteria under section 105. The respondent asked me to grant the hearing due to the difficulty termination would place them in.
- Unfortunately, those are not circumstances the Act allows me to consider.
- Because the respondent was in arrears of more than 21 days, on the application of the landlord I am obliged to terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
- Because a stay was granted, the rent arrears have changed since the original hearing. The applicant provided updated records showing the amounts owing and I accept that those records are correct.
- The applicant proposed a plan to continue the tenancy for four weeks. The applicant accepted the plan, and it is recorded in the orders above.
- The applicant provided me an updated rent summary. I accept that it is correct. I have adjusted the amount owing in this order to reflect the amount owing on the date of the next payment.