Published tribunal order
Tenancy Tribunal case 5121251 — Rent arrears at 55 Wilson Street, Bulls 4818
Decided 16 Mar 2025 · Published 16 Mar 2025 · Application 5121251
Landlord favoured
- Rent arrears
- 14-day notice
Order
- The tenancy of Muliaina Ioane Sio, Telea Ioane Sio and Lilian Donna Uelese at 55 Wilson Street, Bulls 4818 is terminated, and possession is granted to Watson Real Estate Limited As Agent For Cheyenne & Jade Ward Pugmire, at
- 59 am on Friday 21 March 2025.
- The tenants are tenants are to pay $27.00 to Watson Real Estate Limited As Agent For Cheyenne & Jade Ward Pugmire immediately as shown in the table below.
Reasons
- Both parties attended the video hearing on 14 March 2025. The tenant Telea Sio represented the tenants. During the course of the hearing the tenant asked the Tribunal to call the tenant Muliaina Sio on a number that the tenant provided. The call was made but went to voice mail.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The application for rent arrears was withdrawn by the landlord as the arrears had been paid by the tenant the day prior to this hearing.
Should the tenancy be terminated?
- The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
- In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
- The grounds have been established .
- The Tribunal may refuse to make a termination order if, but only if, the breach has been remedied (where capable of remedy) the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenants will commit a further breach of the kind to which s.55(1)(aa) applies.
- The tenants have remedied the breach by paying the rent arrears. I am not aware of any other losses to the landlord.
- The landlord explained that this was the third application to the Tribunal for rent arrears. On previous occasions, rent has been paid the tenants just prior to the hearing. In those circumstances, I cannot be satisfied that it is unlikely that the tenant will commit a further breach by failing to pay rent in full and on time. In those circumstances, the tenancy must be terminated.
- As the landlord has been substantially successful, I order the tenant to pay the filing fee to the landlord.