Published tribunal order
Tenancy Tribunal case 5310383 — Rent arrears at 111 London Street, Whanganui, Whanganui 4500
Decided 2 Oct 2025 · Published 2 Oct 2025 · Application 5310383
- Rent arrears
- 14-day notice
Order
- The tenancy of [The tenant/s] tenant/s] at 111 London Street will terminate at 11:59 pm on Wednesday, 22 October 2025, and possession will return to the applicant at this time.
- [The tenant/s] tenant/s] owes Inspire Real Estate Limited As The Agent For Lawrence / Pinecone Investments Trust (Trustees: Reuben And [The tenant/s] landlord/s] $8,242.43 (“the debt”), being $8214.43 in rent arrears to Wednesday, 8 October 2025 and $28.00 for the application filing fee.
- [The tenant/s] tenant/s] must pay the applicant: a. $650.00 on Wednesday 8 October 2025 and Wednesday 15 October 2025 being $600.00 towards current rent and $50.00 towards the debt in order 1. b. A final payment of $8,142.43, being $600.00 for rent and $8,242.43 for the debt.
- 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 in order 3.a. within 2 working days of the due dates: a. The tenancy at 111 London Street, Whanganui, Whanganui 4500 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 and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
- A 90-day notice expires on the 22 nd of October 2025. The applicant has agreed to allow the tenant to stay till this date I she pays rent as promised.
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.
- 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.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing to the date of this order. I am satisfied these records are correct. I have added an additional weeks rent to reflect the amount owing to the date of the next payment.
- Because Inspire Real Estate Limited As The Agent For Lawrence / Pinecone Investments Trust (Trustees: Reuben And [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.