Published tribunal order
Tenancy Tribunal case 5319659 — Rent arrears at 36 Banyan Drive, Totara Heights, Auckland 2105
Decided 9 Oct 2025 · Published 9 Oct 2025 · Application 5319659
- Rent arrears
Order
- The tenancy of [The tenant/s] at 36 Banyan Drive, Totara Heights, Auckland 2105 is terminated, and possession is granted to Hyland Family Investments Limited, at 5pm, on Wednesday, 25 October 2025.
- The Bond Centre is to release the bond of $2,120.00 (5276550-006) to Hyland Family Investments Limited upon its filing of the requisite forms and a copy of this Order.
- [The tenant/s] must pay Hyland Family Investments Limited $12,030.00 immediately, calculated as shown in the table below:
Reasons
- The landlord waives its right to apply for suppression and reimbursement of the filing fee. The landlord seeks rent arrears, termination of the tenancy, and refund of the bond.
- The landlord attended the phone hearing; the tenant did not. Should the Tribunal proceed in the tenant’s absence?
- The Tribunal attempted to contact the tenant twice on his mobile phone— previously used for communications with the landlord and to which hearing notifications were sent. No response was received, and voicemail was not available.
- The landlord confirmed the tenant’s email address. Notice of the hearing was served via email and post to the tenancy address (which is the tenant’s current residence). The landlord confirmed the tenant was aware of the hearing based on recent communications, including just three days prior.
- The tenant did not contact the Tenancy Tribunal Registry to request an adjournment or alternative means of attending.
- Given the above, the Tribunal is satisfied that the tenant was properly served and was aware of the hearing. Therefore, the hearing proceeded in the tenant’s absence, in accordance with section 92(1) of the Residential Tenancies Act 1986.
How much rent does the tenant owe?
- The landlord provided rent records and confirmed that the arrears as of 5 October 2025 total $14,150.00. The Tribunal accepts this evidence.
- The landlord also submitted copies of breach notices sent to the tenant for unpaid rent, which remain unremedied.
- The Tribunal notes that the tenant has not disputed the debt. The landlord advised that the tenant previously stated that WINZ would contribute to the arrears and that a KiwiSaver withdrawal application was submitted on 20 September 2025. However, no payments or further updates have been received.
Should the tenancy be terminated?
- The landlord lodged its application to the Tribunal on 6 August 2025, at which time rent was $9,380.00 in arrears (approximately 124 days overdue).
- As the rent was more than 21 days in arrears at the time of filing, the Tribunal is required to terminate the tenancy in accordance with section 55(1)(a) of the Residential Tenancies Act 1986.
- If the tenant had attended the hearing and proposed a reasonable repayment plan, the Tribunal may have considered a conditional termination order. However, in the tenant’s absence, the Tribunal has no option but to issue a final termination order.
When should the landlord receive possession of the property?
- The landlord wanted to allow the tenant two weeks from the date of the hearing to vacate (in addition to the two working-day enforcement stand-down period, if necessary). Possession is therefore granted to the landlord at 5:00 PM on Wednesday, 25 October 2025, in accordance with section 64(1) of the Act.
Should bond be refunded to the landlord?
- The landlord seeks refund of the bond, which the Tribunal considers appropriate in the circumstances.
- It is the landlord’s responsibility to submit the necessary documents and a copy of this Order to the Bond Centre to process the bond release..