Published tribunal order
Tenancy Tribunal case 5272859 — Rent arrears
Decided 14 Jul 2025 · Published 14 Jul 2025 · Application 5272859
- 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 Landlord name and identifying details.
- Pareteao Paul owes [The landlord/s] $2,027.00 (“the debt”), being rent arrears of $2000.00 to Thursday 17 July 2025 and the filing fee of $27.00.
- Pareteao Paul must pay rent and the debt as follows: a. By 1 weekly payment of $700.00 rent as due Friday 18 July 2025. b. A payment of $2,027.00 for the debt no later than Friday 18 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 [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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.
- By the mutual consent of the parties, and subject to the conditions for termination being met so the tenancy continues until then, the tenancy will end at 8pm Sunday 10 August 2025 and possession will return to the landlord at that time. Rent will continue to be paid by the tenant every Friday after 18 July 2025 as due.
Reasons
- Both parties attended the hearing, conducted via video/tele conference.
- 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.
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.
- The tenant breached their obligations by failing to pay rent as due. On 23 May 2025 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. This notice was preceded by a Tribunal order on 21 May 2025 for $1,927 to be paid immediately (unpaid). It would be inequitable to refuse to terminate 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 before the tenancy ends via the later end date of 10 August 2025 as mutually agreed.
- The tenant appears to have made a genuine, albeit belated, effort to get rent arrears sorted. The terms of this order allow for her delivery on that promise.
- I have granted a conditional termination. See section 78(3) 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 is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Termination
- The landlord has a 90-day notice to terminate in place. That ends the tenancy on 25 August 2025. It was mutually agreed at the hearing that the tenancy should end earlier. That agreement is recorded in this order and possession is enforceable after 10 August 2025 if possession does not return to the landlord. Filing fee
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Suppression
- Section 95A RTA states regarding suppression orders that 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.
- Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- The landlord requested suppression in its application. As it has been wholly successful, suppression is ordered.