Published tribunal order
Tenancy Tribunal case 5279139 — Tenancy dispute at Unit/Flat C, 44 Jones Street, Whanganui East, Whanganui
Decided 11 Jul 2025 · Published 11 Jul 2025 · Application 5279139
Landlord favoured
- Filing Fee
Order
- Inspire Real Estate Limited is granted possession of the premises at Unit/Flat C, 44 Jones Street, Whanganui East, Whanganui 4500 immediately.
- Jessica Walker must pay Inspire Real Estate Limited the sum of $27.00 immediately, being reimbursement of the filing fee.
Reasons
- Ms Cole, representing the landlord, attended the hearing which was conduct remotely. Two attempts to reach the tenant by phone were not successful. On both occasions the phone rang for at least 2 minutes before cutting off. There was no voicemail.
- The landlord said that the tenant has told her that she has changed her phone number, but refuses to provide a new number.
- According to the file, the tenant had been notified of the hearing in 25 June 2025 by post and email. SMS reminders had also been sent.
- The notice of hearing contains the following information in bold: An Adjudicator will contact you on the phone number provided in the application. If this is incorrect, please provide the correct number to the contact email address provided below.
- No alternative number has been provided.
- I am satisfied that the tenant has received notice of the hearing.
- The landlord has applied for possession of the premises following the termination of the tenancy.
- On 4 March 2025 Ms Cole hand-delivered a notice of termination, a copy of which was provided to the Tribunal. Although the form indicates that it was left in the mailbox, Ms Cole confirmed that she handed it to the tenant in person and they had a conversation about it. In the notice, the tenant was given 90 days’ notice and told that the tenancy would end on 2 June 2025. 1
- Ms Cole said that when she visited the property the day after the tenancy ended, the tenant was still there, denying knowledge of the termination notice.
- I am satisfied that the tenancy ended on 2 June 2025 which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied and the landlord is granted immediate possession.
- Because Inspire Real Estate Limited As Agent For Owner has wholly succeeded with the claim I must reimburse the filing fee.