Published tribunal order
Tenancy Tribunal case 5189331 — Rent arrears
Decided 1 Sept 2025 · Published 1 Sept 2025 · Application 5189331
- Rent arrears
Party names are redacted in the official published order.
Order
- This order amends the order dated 14 April 2025 to provide that the Tribunal orders suppression of the Landlord name and identifying details but all other orders remain the same as set out in this order below.
- Nawaz Khaleel owes the landlord As Agent For [the owner] $1,066.63 (“the debt”) being rent arrears owed of $1018 as at 15 April 2025 and water rates of $48.63.
- Nawaz Khaleel must pay rent and the debt as follows: a. By 35 weekly payments of $500.00, being $470.00 for rent and $30.00 for the debt. b. A final payment of $486.63, being $470.00 for rent and $16.63 for the debt. c. Payments will be every Wednesday, with the first payment on 16/04/2025 and continuing until 17/12/2025.
- Payments will be allocated in the following order: rent, rent arrears, and water rates.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the water rates within 2 working days of the due date, the balance of the water rates will be payable immediately.
- The hearing is adjourned to hear the landlord’s remaining claim for the Body Corporate Costs of installing two smoke alarms which they allege were removed by the tenant.
- A further 60 minutes should be allowed for the next hearing of this matter, scheduled before me by telephone on the next available date.
- Should either party wish to produce further evidence in relation to the remaining claim, they must email a copy to the Tribunal at remote.tenancy@justice.govt.nz and to the other party three says before the next hearing date.
Reasons
- Both parties attended the hearing by teleconference.
- The landlord has applied for termination of the tenancy, rent arrears and compensation. The tenant wants to repay the debt to avoid immediate termination. Rent arrears and water rates
- The landlord provided a rent summary to prove rent arrears owed as at 15 April 2024 of $1,018. The tenant says that he made a further payment of $300 on 13 April 2025. If the payment goes through, the landlord will credit this to the rent arrears which will then total $718.
- The landlord also proved water rates owed of $48.63. Body Corporate charges for installing smoke alarms
- The landlord also wishes to recover the Body Corporate costs charged to install two smoke alarms that they allege were removed by the tenant.
- The tenant disputes the claim. First, he says that one smoke alarm accidentally fell down when he was fanning cooking smoke near the alarm after it activated. He denies removing a second alarm. The tenant also disputes the costs claimed for simply fitting the alarms back into place.
- The landlord says the smoke alarms are hardwired and when they were removed this set off an alert which resulted in the call out to the Body Corporate contractor.
- I asked the landlord to provide evidence of the whereabouts of the alarms, confirmation they are hard-wired and a copy of the Body Corporate Rules setting out an occupier’s rights and obligations concerning smoke detectors in their apartment and any applicable charges for callouts.
- The hearing is adjourned to allow this evidence to be provided.
Should a conditional termination order be made?
- 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. 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. See section 56(1) Residential Tenancies Act 1986 (RTA).
- The tenant breached their obligations by failing to pay rent on time and incurring arrears on several occasions since the tenancy began on 18 December 2024. On 13 January 2025, 30 January 2025, 21 February 2025 and 5 March 2025, the landlord served a 14-day notice on the tenant. In relation to the last three notices, the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy because rent has continued in arrears and the tenant has failed to remedy three 14-day notices during the tenancy.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination with the landlord’s consent. See section 78(3) RTA.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.