Published tribunal order
Tenancy Tribunal case 5285679 — Rent arrears at Unit/Flat Apartment 2M, 20 Charlotte Street, Eden Terrace,
Decided 20 Aug 2025 · Published 20 Aug 2025 · Application 5285679
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes The Rent Shop Auckland City Limited As The Agent For Mirjana Dorotich $717.00 (“the debt”) being $690.00 for rent arrears to Sunday 24 August 2025 and $27.00 for the application filing fee.
- [The tenant/s] tenant/s] must pay the applicant: a. $660.00 on Monday 25 August 2025 and on Monday every week thereafter towards current rent. b. $717.00 on or before Friday 31 October 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 Unit/Flat Apartment 2M, 20 Charlotte Street, Eden Terrace, Auckland 1021 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
- The applicant attended the hearing by phone. The respondent did not answer the phone when contacted.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. They tell me that although there is a persistent rent breach the amount is modest, and they are willing to give the respondent time to remedy the breach, but they would like some finality to this issue and are requesting a conditional termination order if the debt is not remedied on or before Friday 31 October 2025. I have granted the request, and the ball is now firmly in the court of the respondent. For clarity, the conditional termination applies to current rent also until the debt is cleared in full.
- I note that the pattern in the rent summary suggests to me that the tenant may not understand their obligations under the RTA 1986 to pay rent on time and in advance. If I am correct, I encourage the respondent to seek legal advice and make them selves aware of their obligations. Even though the breach may seem relatively minor, paying rent is the primary obligation of any tenant and in the case of a persistent breach they are giving real rise to the risk of 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 repeatedly failing to pay rent on time and in advance. On 05/06/2025 the landlord served a 14-day notice on the tenant, but the breach was not remedied within the required period. 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. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse when the debt amount in order 1 is cleared. 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 Rent Shop Auckland City Limited As The Agent For Mirjana Dorotich has wholly succeeded with the claim I must reimburse the filing fee.