Published tribunal order
Tenancy Tribunal case 5296090 — Rent arrears at 214 Barnard Street, Wadestown, Wellington 6012
Decided 7 Aug 2025 · Published 7 Aug 2025 · Application 5296090
Landlord favoured
- Rent arrears
Order
- Jesse David Mullen owes Phil Craig Brass $1,595.57 (“the debt”) being $1568.57 in rent arrears to Tuesday 12 August 2025 and $27.00 for the application filing fee.
- Jesse David Mullen must pay rent and the debt as follows: a. By 6 weekly payments of $910.00, being $660.00 for rent and $250.00 for the debt. b. A final payment of $755.57, being $660.00 for rent and $95.57 for the debt. c. Payments will be every Wednesday, with the first payment on 13/08/2025 and continuing until 24/09/2025.
- 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 214 Barnard Street, Wadestown, Wellington 6012 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 has accepted the offer.
- The applicant provided records showing the amount owing to Sunday 10 August. I am satisfied these records are accurate. I have added two days rent to the total amount owing to reflect the debt to the date of payment.
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 regularly and on time. On Friday 20 June 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 due to the regularity and persistence of the breach.
- 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.