Published tribunal order
Tenancy Tribunal case 5435203 — Rent arrears at Unit/Flat Flat 2, 48 Waitangi Street, Gisborne, Gisborne
Published 23 April 2026 · Application 5435203
Landlord favoured
- Rent arrears
Order
- The tenancy of Nadine Henrieta Whitehead at Unit/Flat Flat 2, 48 Waitangi Street, Gisborne, Gisborne 4010 is terminated, and possession is granted to East Coast Realty Limited As Agents For Diane Ritchie For Pare Street Trust, at 11:59pm on Thursday 23 April 2026.
- The Bond Centre is to pay the bond of $1,142.29 (BN-17535063) to East Coast Realty Limited As Agents For Diane Ritchie For Pare Street Trust immediately, calculated as shown in the table below:
- The Bond Centre must retain the remainder of the bond of $657.71 (BN- 17535063) until after East Coast Realty Limited As Agents For Diane Ritchie For Pare Street Trust have possession of the premise and have assessed whether grounds exist for vacated damage claims to be filed.
Reasons
- The landlord attended the hearing. The tenant did not.
- I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.
- The landlord has applied for termination of the tenancy, rent arrears, partial refund of the bond and reimbursement of the filing fee.
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 recidivist rent breaches.
- The landlord served two 14-day notices on the tenant on 19 January 2026 and 12 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 of the recidivist nature of the rent breaches and the tenant’s failure to comply with her contractual and statutory obligations to pay her rent in full and on time. At the date of the hearing, the tenant was still in significant rent arrears.
- The landlord has provided rent records which prove the amount owing.
- The tenancy is terminated. Reimbursement of filing fee
- Section 102(4) of the RTA confirms that applicants that are wholly or substantially successful in proving their claims will have their filing fee reimbursed.
- Because East Coast Realty Limited As Agents For Diane Ritchie For Pare Street Trust has wholly succeeded with the claim I must reimburse the filing fee.