Published tribunal order
Tenancy Tribunal case 5284120 — Rent arrears at 8 Miro Street, Levin, Levin 5510
Decided 26 Aug 2025 · Published 26 Aug 2025 · Application 5284120
- Rent arrears
- 14-day notice
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’s name and identifying details.
- Litia Tupoumalohi and Alaipulotu Saili owes [The landlord/s] $116.43 (“the debt”) being rent arrears to 26 August 2025.
- Litia Tupoumalohi and Alaipulotu Saili must pay rent arrears of $116.43, rent due tomorrow of $440.00 and the filing fee of $27.00, totalling $583.43 in full by 5 pm tomorrow Wednesday 27 August 2025.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay the rent arrears and the rent due tomorrow within 2 working days of the due date: a. The tenancy at 8 Miro Street, Levin, Levin 5510 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.
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 has breached their obligations by being continuously in rent arrears for the last three years. On 27 May 2025 the landlord served a 14-day notice on the tenant regarding rent arrears, but the breach was not fully remedied within the required period or by the time of the hearing. It would be inequitable to refuse to terminate the tenancy for the following reasons: a. The tenant has breached their tenancy agreement by not paying the rent in advance for the last three years. b. The tenant’s rent has been in arrears for the same period. c. It was only in the first year of the tenancy that the tenant paid their rent in accordance with the tenancy agreement. d. The breaches are persistent and over a very long period. e. The landlord has given the tenant notice to remedy the breaches, but the tenant has failed to do so. f. While the amount outstanding at today’s date is a relatively small amount, the tenant has had plenty of opportunities to remedy the breaches. g. Termination after three years of rent arrears is not a disproportionate response to these intentional breaches.
- 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. 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.
- Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee.