Published tribunal order
Tenancy Tribunal case 5352881 — Rent arrears at 5 Sarawak Drive, Kerikeri, Kerikeri 0230
Decided 19 Nov 2025 · Published 19 Nov 2025 · Application 5352881
- Rent arrears
Order
- The tenancy of [The tenant/s] tenant/s] at 5 Sarawak Drive, Kerikeri, Kerikeri 0230 is terminated, and possession is granted to Hewson Real Estate Limited as agent for Gerry & Joy Hogan, at 5pm on Friday, 21 November 2025.
- The Bond Centre is to pay the bond of $2,320.00 (6434925-011) to Hewson Real Estate Limited as agent for Gerry & Joy Hogan immediately.
- [The tenant/s] tenant/s] must pay Hewson Real Estate Limited as agent For Gerry & Joy Hogan $4,325.87 immediately, calculated as shown in the table below:
Reasons
- Only the landlord attended the hearing, which was held by phone. Paul Brandt represented the landlord.
- There was no appearance by the tenant. The Tribunal placed three phone calls to the mobile number provided for the tenant but none of the calls connected.
- I am satisfied that the hearing has been served in accordance with the service provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the tenant’s absence.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Should the tenancy be terminated?
- Section 55(1)(a) of the Residential Tenancies Act 1986 states that the Tribunal shall make an order terminating a tenancy if the Tribunal is satisfied that on the date the application was filed the rent was at least 21 days in arrears.
- The landlord’s application was filed on 29 September 2025. The landlord provided rent records proving that the rent was 22 days in arrears on the date the application was filed.
- The tenancy is terminated.
- I have granted possession to the landlord at 5pm on Friday, 21 November 2025 to allow the tenant some time to remove her belongings.
- I record for completeness that even if I had not found the landlord’s claim for rent arrears proven I would have made an order granting possession to the landlord because the landlord served the tenant with a 90 day notice on 4 August 2025 terminating the tenancy as of 6 November 2025.
- The tenant acknowledged the notice and stated that she would order a moving truck and vacate the property but has still not done so. The landlord produced a copy of this email. Rent arrears
- The rent arrears have increased since the landlord filed this application.
- The landlord provided rent records, which were updated during the hearing, confirming that the current rent arrears as at today’s date are $6,439.29. I have therefore made an order for payment of that amount, together with an additional two days’ rent until the date of possession, being $178.58. The total sum payable is $6,617.87. Exemplary damages
- The landlord had sought an order for exemplary damages under section 40(3A) RTA on the basis that the tenant has failed, without reasonable excuse, to quit the premises on the termination of the tenancy in breach of section 40(1)(e)(i) RTA.
- This was a very short phone hearing scheduled to deal with the landlord’s claim for termination of the tenancy on an urgent basis. There was not time to consider this claim.
- The landlord anticipates that they may need to bring additional claims against the tenant once they have taken back possession. In the circumstances the landlord withdraws their claim for exemplary damages from this claim but reserves the right to include their claim for exemplary damages in any new claim filed. Filing fee
- Because Hewson Real Estate Limited as agent for Gerry & Joy Hogan has wholly succeeded with the claim I must reimburse the filing fee.