Published tribunal order
Tenancy Tribunal case 5296923 — Rent arrears
Decided 30 Jul 2025 · Published 30 Jul 2025 · Application 5296923
- 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.
- Miriama Ruta Etuale owes [The landlord/s] $4,380.00 (“the debt”) being the rent arrears of $4,380 that will be owed for the period ending 14 August 2025 and the filing fee of $27.00 on this application.
- Miriama Ruta Etuale must pay rent and the debt as follows: a. Payment of $4,407.00 for the debt is to be paid by 30 August 2025 in one or more instalments; b. A payment of $1,460.00 for the next fortnightly rent period from 15 August 2025 to 28 August 2025 is to be made on Friday 15 August 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 possession of the premises at 11.59pm on Tuesday 2 September 2025. 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.
- If the tenant makes the payments in order 3 above, the notice dated 1 June 2025 to terminate the tenancy on 2 September 2025 served by the landlord on the tenant will be cancelled.
Reasons
- Both parties attended the hearing. An interpreter and support person (the landlords’ daughter) also attended to assist the landlords.
- The landlords have 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 landlords have also served a 90-day notice on the tenant to terminate the tenancy on 2 September 2025 (“the termination notice”).
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.
- 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 with the landlords’ consent.
- The conditional termination order will lapse if it is fully complied with and the termination notice issued by the landlords will also be cancelled. 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.