Published tribunal order
Tenancy Tribunal case 5387181 — Rent arrears at Unit/Flat 4, 16 The Terrace, Timaru, Timaru 7910
Decided 14 Dec 2025 · Published 14 Dec 2025 · Application 5387181
- Rent arrears
Order
- The tenancy of [The tenant/s] tenant/s] at Unit/Flat 4, 16 The Terrace, Timaru, Timaru 7910 is terminated, and possession is granted to [The tenant/s] landlord/s], at 5pm on Friday 9 January 2026.
- [The tenant/s] tenant/s] must pay [The tenant/s] landlord/s] $5,568.00 immediately, calculated as shown in the table below:
Reasons
- Both parties attended the hearing which was scheduled as a video hearing. The landlord attended by video the video link but could not access a camera on the device he was using.
- The tenant did not attend by video and I called him on his cell phone at the start of the hearing. Around 17 minutes into the hearing the connection to the tenant’s call was lost. I called him back twice but both calls went to his voice mail. The hearing continued in the tenant’s absence.
- The landlord applied for termination of the tenancy, rent arrears and refund of the bond.
- The tenancy commenced on Thursday 5 May 2022.
- Rent was at least 21 days in arrears on the date the application was filed. Accordingly the tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord and the tenancy discussed the end date of the tenancy during the hearing and agreed on the date. The tenancy will terminate on 9 January 2025 at 5pm as shown in the order above.
How much rent is owed?
- The landlord provided rent records to prove the amount of arrears owing. The rent summary records the tenancy week as changing from a Thursday to a Saturday during the tenancy. The rent week is determined by the start date of the tenancy, therefore each rent week should commence on a Thursday and end on a Friday.
- The end of the current rent week, being the rent week the hearing was held in, is Friday 10 December 2025. I have calculated rent owed to that date. Due to the inconsistency shown in the rent summary for the start of the rent week during the tenancy, I have calculated the total rent owed during the tenancy ($48,880.00) and the rent paid to the date of the hearing ($42,300.00) in determining the rent owed to 10 December 2025.
- The bond is held by the landlord. It is deducted from the rent owed to 10 December 2025.
- As the landlord has wholly succeeded with the claim I must reimburse the filing fee.