Published tribunal order
Tenancy Tribunal case 5270979 — Rent arrears at 219 Botanical Road, Takaro, Palmerston North 4412
Decided 22 Jul 2025 · Published 22 Jul 2025 · Application 5270979
- 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.
- Steve Tai owes [The landlord/s] $3,102.71 (“the debt”) being $3075.71 in rent arrears to Friday 25 July 2025 and $27.00 for the application filing fee.
- Steve Tai must pay the applicant $3,642.71, being $540.00 for rent and $3,102.71 for the debt on Friday 25 July 2025.
- 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 dates: a. The tenancy at 219 Botanical Road, Takaro, Palmerston North 4412 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
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination. The applicant agreed that if payment of the arrears was made in full they would be willing to continue the tenancy.
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 tenant has advised me that MSD will assist them to pay the debt and they have also been making consistent payment for the last few weeks. I have granted a conditional termination order.
- 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.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.