Published tribunal order
Tenancy Tribunal case 5473529 — Rent arrears at 15 Protea Place, Bell Block, New Plymouth 4312
Decided 14 Apr 2026 · Published 14 Apr 2026 · Application 5473529
- Rent arrears
Order
- The tenancy of [The tenant/s] at 15 Protea Place, Bell Block, New Plymouth 4312 is terminated, and possession is granted to [The landlord/s] and [The landlord/s], at 5pm on Tuesday 14 th April 2026.
- [The tenant/s] is to pay the sum of $1,288.00 to [The landlord/s] and [The landlord/s] immediately as calculated below.
Reasons
- The tenant failed to make himself available for the teleconference hearing.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
- Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
- The tenant has breached their obligations by failing to pay rent and failing to maintain the lawns and gardens.
- The landlord served a 14-day notice on the tenant in relation to the breaches on the 26 February 2026 and 27 March 2026 and the tenant did not remedy the breach within the required period.
- It would be inequitable to refuse to terminate the tenancy because since the tenancy began in July the tenant has failed to make rental payments on time for over half of the duration of the tenancy.
- The tenant fails to respond to text messages and refuses to communicate with the landlord. Following the last request for an inspection, a family member of the landlords was required to drove past the property to confirm he was in occupation given they had not heard from him and he was in arrears with his rent.
- Because [The landlord/s], [The landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.
- The issue of the clean up costs and bond refund will be determined if an application is filed following the termination.