Published tribunal order
Tenancy Tribunal case 5434309 — Rent arrears at 13 Waimea Street, Westown, New Plymouth 4310, Back
Decided 10 Mar 2026 · Published 10 Mar 2026 · Application 5434309
- Rent arrears
Order
- [The landlord/s] and Ian Millen as trustees of the Butler Family Trust is granted possession of the premises at 13 Waimea Street, Westown, New Plymouth 4310, Back House at 11.59pm on 10 March 2026.
- [The landlord/s] and Ian Millen as trustees of the Butler Family Trust is to retain the tenant’s bond of $2,500 which they have not lodged with the Bond Centre as part payment for rent arrears as shown below.
- [The tenant/s] must pay [The landlord/s] and Ian Millen as trustees of the Butler Family Trust $1,156.57 immediately.
Reasons
- Only the landlord attended the hearing. I am satisfied that the tenant has been served and so the hearing proceeded in their absence.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations and rent arrears.
- Ian Millen was added as a party to the application as he is a trustee of the landlord, the Butler Family Trust, alongside Mr Butler.
Should the tenancy be terminated?
- The landlord applied for the tenancy to end due to significant rent arrears.
- At the time the landlord filed the application, the rent arrears had not yet reached 21 days, meaning the landlord could not at that point seek termination under section 55(1)(a) of the Residential Tenancies Act 1986 (RTA) despite referring to this on the application.
- However, as at today’s hearing, arrears total $3,628.57. Given the weekly rent is $625, the tenant is now well over 21 days in arrears.
- There is an alternative pathway to termination under section 56 RTA which applies where a landlord serves a 14-day notice to remedy a breach that is capable of being remedied - such as unpaid rent.
- In this case, the landlord did issue a notice informing the tenant of the arrears, albeit in a different format than the standard 14-day notice.
- Importantly, the landlord did set out on his application to the Tribunal to terminate the tenancy that one of the grounds he was relying on was section 56 RTA.
- Section 56 contains an important relevant provision that applies here. It states that where a landlord applies under section 56, and the Tribunal is satisfied that by the time the matter is determined the landlord could instead have applied under section 55, then the Tribunal must treat the application as if it had been made under section 55.
- At the time of the hearing, the rent arrears have exceeded 21 days, meaning that the landlord could have applied under section 55 at the time of determination. Because that condition is met, section 56 requires the Tribunal to determine the matter as if a section 55 application had been made.
- I therefore terminate the tenancy pursuant to sections 55 and 56(2) of the Residential Tenancies Act 1986.
- For the sake of completeness, I note that I have not granted possession on the basis of a notice given to end the tenancy on 17 February 2026 because I consider this falls short of the required 90 days’ notice (section 51(1) RTA).
How much does the tenant owe and where is the bond?
- The landlord provided rent records which prove the amount owing at the end of the tenancy.
- I note that since the application was filed two amounts recently paid by the tenant of $675 and $250 also needed to be accounted for and this has been done.
- In considering the arrears an adjustment was also necessary at line 1 of the landlord’s rent summary as this sets out the amount due for that week $1250. The correct amount that should apply to that week is $625.
- For clarity: a. The tenant needed to pay: i. 26/5/25 to 22/2/26 – 39 weeks at $625 per week = $24,375 ii. 23/2/26 to 10/3/26 – 2 weeks and 2 days at $625 per week = $1,428.57 Total rent for whole tenancy due is $25,803.57. b. The tenant has in fact paid $22,175.00. c. The arrears therefore are $3,628.57.
- The sum ordered is proven.
- The landlord has not lodged the bond of $2,500 with the Bond Centre. He continues to hold this and so this is to be applied to the total arrears amount due. The landlord is to retain the bond as part payment towards the rent arrears. This has been accounted for in the order made. Filing fee
- Because the landlord has wholly succeeded with the claim I must reimburse the filing fee.