Published tribunal order
Tenancy Tribunal case 5427575 — Rent arrears at 37 Pratt Avenue, Foxton Beach, Foxton 4815
Published 29 April 2026 · Application 5427575
Landlord favoured
- Rent arrears
Order
- The tenancy of Paul Geovanni Lucibella at 37 Pratt Avenue, Foxton Beach, Foxton 4815 is terminated and possession is granted to Bryan Gerard Ten Have, at 5 pm Friday 29 May 2026.
- The tenant is to continue paying rent at $200.00 per week until termination on 29 May 2026. Should the tenant fail to make payment of the weekly rent within 48-hours of a due date then the tenancy shall be terminated immediately and possession of the premises shall be granted to the landlord.
- The tenancy started on 14 June 2024, the weekly rent is $200.00 and the $10,000.00 paid by the tenant to the landlord is to be offset against the amount owing by the tenant.
- Paul Geovanni Lucibella must pay Bryan Gerard Ten Have $5,000.00 immediately, calculated as shown in the table below: DescriptionLandlord Rent arrears to 29 April 2026$15,000.00 Total award$15,000.00 Deposit paid by tenant$10,000.00 Total payable by Tenant to Landlord$5,000.00
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy and rent arrears.
- The prior hearing on 12 February 2026 was adjourned for the tenant to file an application with the Tribunal.
- The Tribunal’s Order of 13 February 2026 stated at paragraph 21: “If the tenant does not fill in an application form and file his claim, the Tribunal cannot consider his claims against the landlord.”
- Order 5 of that Order states: “The tenant is to file his application with the Tribunal together with supporting evidence by 5 pm Friday 27 February 2026.”
- The tenant has not filed an application with the Tribunal. The only application before the Tribunal for consideration was that of the landlord’s which was for termination and rent arrears.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord provided rent records which prove the amount owing at the end of the tenancy.
- Having considered the evidence, the Tribunal determines that the tenancy started on 14 June 2024 as recorded in the parties’ written agreement and that the weekly rent is $200.00 per week.
- The parties did not record their agreement regarding the $10,000.00 paid by the tenant to the landlord. The substantial merits and justice of this case require that this sum be applied in reduction of the amount owing by the tenant to the landlord.