Published tribunal order
Tenancy Tribunal case 5318299 — Rent arrears at 16 Sefton Crescent, Chartwell, Hamilton 3210
Decided 19 Sept 2025 · Published 19 Sept 2025 · Application 5318299
- Rent arrears
- 14-day notice
Order
- The tenancy of [The tenant/s] at 16 Sefton Crescent, Chartwell, Hamilton 3210 is terminated.
- Possession of the premises at 16 Sefton Crescent, Chartwell, Hamilton 3210 is granted immediately to Kāinga Ora–Homes and Communities.
- [The tenant/s] is to immediately pay Kāinga Ora–Homes and Communities the sum of $2,221.00, being rent arrears up to and including 17 September 2025.
- The Tribunal declines to suppress the tenant’s name and identifying details..
Reasons
- The landlord applies for orders terminating the tenancy, granting possession of the premises, and providing for recovery of rent arrears. Should the Tribunal proceed in the tenant’s absence?
- The tenant did not attend the hearing. Two attempts to contact the tenant via his only known telephone number were unsuccessful.
- The landlord reports having had no contact from the tenant for several months, despite repeated efforts via phone and email. Welfare checks conducted through other government agencies failed to establish the tenant’s whereabouts. The landlord had to board up the property to prevent access after complaints related to non-occupation and consequent nuisances. The landlord conducted a recent door-knock at the property, the tenant’s daughter was present, but either could or would not assist in contacting her father.
- The notice of hearing was served to the tenant at the email address for service provided in the tenancy agreement. The Tribunal is satisfied that service was properly effected. Accordingly, pursuant to sections 91(2)(d) and 92(1) of the Residential Tenancies Act 1986, it is appropriate to proceed in the tenant’s absence.
How much does the tenant owe?
- The landlord submitted rental records confirming the outstanding rent.
- The tenant has made no rent payments since 27 June 2025. At the time the application was filed, rent was approximately 124 days (17.7 weeks) in arrears. As of 17 September 2025, arrears totalled approximately 173 days (24.7 weeks).
- The arrears amount of $2,221.00 is substantiated by the evidence and is therefore ordered. Should the tenancy be terminated and immediate possession granted to the landlord?
- At the time of the landlord’s application to the Tribunal, the tenant was in rent arrears for at least 21 days. Therefore, under section 55(1)(a) of the Residential Tenancies Act 1986, the tenancy must be terminated upon application.
- The landlord indicated an initial willingness to consider a conditional termination allowing the tenant to repay the arrears and retain the tenancy. However, in the tenant’s absence, and lack of communication and payments, there is no factual or legal basis to consider that option.
- Immediate possession of the premises is sought and is granted, in view of the tenant’s prolonged absence and the social housing property being unable to be utilised as intended to meet community needs. Filing fee and suppression
- The landlord: a. Waived its entitlement to recover the filing fee; no order is therefore made in respect of it. b. Supported name suppression for the tenant. However, as the tenant did not attend or make an application with supporting reasons, suppression is declined given the requirements of section 95A of the Residential Tenancies Act 1986.