Published tribunal order
Tenancy Tribunal case 5259381 — Rent arrears
Decided 7 Aug 2025 · Published 7 Aug 2025 · Application 5259381
- Rent arrears
Party names are redacted in the official published order.
Order
- The parties’ names and identifying details including the tenancy address must not be published.
- The application for conditional termination is dismissed.
- [The tenants] owe [the landlord] Property Management Limited $3,545.27 (“the debt”) as calculated in the table below .
- [The tenants] must pay rent and the debt as follows: a. By 35 weekly payments of $1,200.00, being $1,100.00 for rent and $100.00 for the debt. b. A final payment of $1,145.27, being $1,100.00 for rent and $45.27 for the debt. c. Payments will be every Friday, with the first payment on 15/08/2025 and continuing until 17/04/2026.
- Payments will be allocated in the following order: rent and then the debt. DescriptionLandlord Rent arrears to 6 August 2025$885.72 Water rates$2,632.55 Filing fee reimbursement$27.00 Total debt$3,545.27
Reasons
- Both parties attended the hearing.
- The landlord has applied for conditional termination of the tenancy, rent and arrears, reimbursement of the filing fee and payment over of the bond.
- The landlord provided records proving the rent and water arrears. The tenant who appeared accepted the landlord’s figures.
Should a conditional termination order be made?
- The landlord served the tenants with a 14-day notice for non-payment of rent. The tenants did not pay the overdue rent within the 14-day period.
- The Tribunal may make and conditional termination order under s 56 of the Residential Tenancies Act 1986 where the unremedied breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.
- In this case, the tenants have reduced the rent arrears to less than one week’s rent at the date of hearing. The tenant who appeared before me assured the Tribunal that the tenants would pay the rest of the arrears. The tenant took responsibility for the arrears and struck me as sincere. The tenancy has last for four years and while the tenants have fallen into arrears on occasions they have always caught up again. I am not satisfied that it would be inequitable to refuse to make an order terminating the tenancy.
- Therefore, the application for termination of the tenancy is declined. Rent and water arrears
- The tenants must however pay the outstanding rent and water arrears.
- The Tribunal orders payment by instalments of $100.00 per week. Filing fee
- The tenants must reimburse the landlord for the filing fee. 1 Non-publication applications
- The parties seek non-publication of their names and identifying details.
- The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case. 1 Residential Tenancies Act 1986 s 102(4)(a).
- Both parties have substantially succeeded in the proceedings – the landlord in obtaining an order for the arrears, and the tenants by resisting the application for termination. I do not consider that publication is in the public interest of is justified by the parties’ conduct or any other circumstances of the case.
- It follows, the Tribunal orders non-publication of the parties names and identifying details.