Published tribunal order
Tenancy Tribunal case 5298681 — Rent arrears at 5 Matipo Street, Levin, Levin 5510
Decided 8 Sept 2025 · Published 8 Sept 2025 · Application 5298681
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Seddon Street Property Management Limited As The Agent For Kaye And [The tenant/s] landlord/s] $1,983.64 being $1,955.64 for rent arrears to 12 September 2025 and the filing fee on the application of $28.00 (“the debt”).
- [The tenant/s] tenant/s] must pay rent and the debt as follows: a. A rent payment for the current rent period from 6 September 2025 to 12 September 2025 is due and payable on 9 September 2025; b. By weekly payments of $580.00, being $560.00 for rent and $20.00 for the debt. c. Payments in order 2b above will be every Tuesday, with the first payment on 16 September 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 5 Matipo 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
- The landlord attended the hearing by teleconference. The Tribunal attempted to call the tenant on two telephone numbers provided for her in the application several times during the allocated hearing time, but all calls diverted to voicemail. I am satisfied that the tenant received notice of the hearing and did not attend.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. However, the landlord agrees to the tenant repaying the debt to avoid immediate termination. This is because the tenant has been paying current rent consistently in the last few months and is also keeping the premises in good condition. Therefore, subject to paying off the arrears, the landlord does not wish to terminate the tenancy immediately.
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 have granted a conditional termination order as sought by the landlord. The landlord is confident that the tenant will repay the arrears in accordance with the repayment order.
- 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.
- As the landlord has succeeded with the application, they are entitled to reimbursement of the filing fee.