Published tribunal order
Tenancy Tribunal case 5251659 — Rent arrears at Room Suite 26, 363 Willis Street, Mount Cook, Wellington
Decided 1 Sept 2025 · Published 1 Sept 2025 · Application 5251659
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the applicant’s name and identifying details.
- Neena Dankha owes [The landlord/s] $1,527.00 (“the debt”) being $1500.00 in rent arrears to Wednesday 30 July 2025 and $27.00 for the application filing fee.
- Neena Dankha must pay the applicant $1,902.00 on Thursday 31 July 2025, being $375.00 for rent and $1,527.00 as full payment of the debt in order 1.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due date: a. The tenancy at Room Suite 26, 363 Willis Street, Mount Cook, Wellington 6011, Capital Accommodation 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The applicant attended the hearing by phone. The respondent did not attend or answer the phone on two attempts to contact her on the provided phone number.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord has asked me to make a conditional order instead of an immediate termination order as they are happy for the respondent’s tenancy to continue if they pay the debt in full.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.