Published tribunal order
Tenancy Tribunal case 5274207 — Rent arrears at 8A Montrose Place, Takaro, Palmerston North 4412
Decided 15 Jul 2025 · Published 15 Jul 2025 · Application 5274207
Landlord favoured
- Rent arrears
Order
- John Paul Tatana owes Peter Ranchhod $4,857.00 (“the debt”), being rent arrears of $4,830.00 to 18 July 2025 and the filing fee of $27.00.
- John Paul Tatana must pay rent and the debt as follows: a. By 97 weekly payments of $400.00, being $350.00 for rent and $50.00 for the debt. b. A final payment of $357.00, being $350.00 for rent and $7.00 for the debt. c. Payments will be every Tuesday, with the first payment on 22/07/2025 and continuing until 01/06/2027 or the debt is paid in full, whichever is the sooner.
- 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 8A Montrose Place, 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, conducted via teleconference.
- 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?
- 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 landlord provided an updated rent summary. This was adjusted as discussed to reflect the actual rent arrears owing as at 18 July 2025 to be $4,830.00.
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order. The landlord is supportive of this.
- The rent week commences on a Saturday. The landlord was happy to accept a deferred weekly payment on the Tuesday to align with the tenant’s income.
- 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.