Published tribunal order
Tenancy Tribunal case 5527299 — Rent arrears at Unit/Flat 43, 48 Peachgrove Road, Hamilton East, Hamilton
Decided 3 Jul 2026 · Published 3 Jul 2026 · Application 5527299
- Rent arrears
- Cleanliness
Order
- The tenancy of [The tenant/s] at Unit/Flat 43, 48 Peachgrove Road, Hamilton East, Hamilton 3216, Peachgrove Studios is terminated, and possession is granted to Premier Rental Management Limited immediately.
- The Bond Centre is to pay the bond of $1,200.00 (BN-55061383) to Premier Rental Management Limited immediately, being tenant debt per the table below:
Reasons
- The landlord attended the hearing, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
- The landlord has applied for termination of the tenancy, rent arrears, compensation, refund of the bond, and reimbursement of the filing fee.
Should the tenancy be terminated and possession returned?
- The landlord served a notice to terminate on 2 June 2026. That ended the tenancy on 12 June 2026. While the tenant removed some possessions he retained the key and re-entered the premises after telling the landlord he would be “staying put”. There he stays. I consider the tenancy continued. Even if wrong, a possession order under s 65 Residential Tenancies Act 1986 would have been made as the continued occupation was without any licence to occupy granted.
- The police were involved and advised the landlord to seek to have possession returned via this Tribunal.
- I consider the tenant has remained in possession after termination. Tenant liabilities continue in such a situation and rent remains due until today. The tenancy has ended and possession is returned immediately to the landlord.
How much is owed for rent?
- The landlord has provided records which prove the amount of rent owing to the end of the tenancy (today) is $1,071.43.
Did the tenant comply with their obligations?
- At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all goods and rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 66M(b) to (e) Residential Tenancies Act 1986.
- The landlord found the entry damage and lock to have been damaged. A photo of this was provided. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
- The landlord had previously raised concerns regarding other damage to the premises and chattels, as well as a need for cleaning. This effort will commence once possession is returned.
- The landlord proposed the balance of the bond, being $100.57 be released now with them waiving any further vacated claims, unless a result of unlawful activity.
- When considering claims, the Tribunal must consider s 85 RTA which provides that the Tribunal shall determine a dispute according to the substantial merits and justice of the case and in doing so, shall have regard for the law but shall not be bound to give legal effect to strict legal rights or obligations or to legal forms or technicalities. This provision recognises that, although applying established legal principles will generally produce a fair result, there are circumstances where it will not. In this situation, the Tribunal is entitled to depart from the strict application of the law to achieve a just outcome. Equally, where the law is uncertain, the Tribunal may adapt an approach that best meets the merits and justice of the case.
- I consider it expedient here to accept the landlord offer to cap vacated claims at the bond balance. This is clearly less than any reasonable costs that would follow and is advantageous to the tenant. This ends tenant liability with an exception made that if any later damage and resulting cost is proven to be the result of any unlawful activity, the landlord may file a second application. Filing fee
- Because Premier Rental Management Limited has wholly succeeded with the claim I must reimburse the filing fee.