Published tribunal order
Tenancy Tribunal case 5312987 — Rent arrears at 6 Moontide Road, Kumeu, RD 2, Kumeu 0892
Decided 19 Sept 2025 · Published 19 Sept 2025 · Application 5312987
- Rent arrears
Order
- [The tenant/s] tenant/s] and [The tenant/s] tenant/s] are to pay AI Homes Real Estate Limited, as agent for Deqian Yu, the sum of $1,228.00 (“the debt”) as detailed below:
- The tenants must pay rent and the debt as follows: a. The full debt of $1,228.00 by 11:59 PM on Friday, 19 September 2025; and b. Weekly rent of $1,200.00, to be received by the landlord by 11:59 PM every Thursday.
- If the tenant fails to pay either the debt or the weekly rent within two working days of the due date: a. The tenancy at 6 Moontide Road, Kumeu, RD 2, Kumeu 0892 will be terminated, and the landlord will have immediate possession of the premises; and b. The balance of the debt will become immediately due and enforceable in the District Court.
Reasons
- Both parties were present at the hearing. Mr. Chen appeared on behalf of his wife and co-tenant, [The tenant/s] tenant/s], who is currently overseas.
- The landlord seeks: a. Rent arrears; b. A final termination of the tenancy with possession of the premises in two weeks and a refund of the bond; and c. Reimbursement of the filing fee.
- The tenant sought a conditional termination order instead.
- Practically, the landlord’s application largely turns on the rent position in proportion to the bond.
How much rent is owed?
- The landlord submitted rent records confirming that: a. The tenant had cleared arrears up to 16 September 2025; and b. $1,200.00 was due on 18 September 2025 and remained unpaid as of the hearing date.
- The tenant confirmed that this amount of arrears could be paid on the day of the hearing. This payment is therefore ordered by consent..
Should a conditional termination order be made?
- As of 24 July 2025 (the date the landlord filed its application to the Tribunal), the tenants were $8,321.43 in arrears, equating to approximately 49 days.
- Where rent is at least 21 days in arrears on the application date, the Tribunal must issue either a final or conditional termination order (per sections 55(1)(a) and (1A) of the Residential Tenancies Act 1986).
- The landlord sought a final order, citing: a. Persistent arrears since the end of December 2023, impacting the property owner; b. A consequent lack of confidence that the tenants could reliably meet future rent obligations; c. Concerns that the tenancy was no longer suitable, with most family members now overseas; and d. A willingness to allow time for relocation if ongoing rent was met.
- The tenants requested a conditional termination order, citing: a. Rent arrears had been cleared except for the current week's amount, which was to be paid immediately; b. Previous financial hardship due to limited work, which has since improved; c. Steps taken to ensure ongoing rent will now be paid automatically and on time; d. Continued occupancy by visiting family members who were currently overseas would not impact the rent being met; and e. A clear understanding of the consequences of breaching a conditional order, with a commitment to compliance.
- The Tribunal is satisfied that the bond held provides a sufficient safeguard should there be future default.
- While the landlord's concerns are understandable and reasonable, the Tribunal is persuaded that the tenant is likely to comply with the repayment plan and unlikely to commit further breaches. A conditional termination order is therefore granted.
- This conditional order will lapse upon full compliance. If the tenant breaches the terms, the possession order may be enforced within 90 days of the first breach (see section 64(4)(b), Residential Tenancies Act 1986).
Should the Tribunal reimburse the filing fee?
- As AI Homes Real Estate Limited (as agent for Deqian Yu) has been substantially successful in its claim, the Tribunal reimburses the filing fee.
- The landlord requested, and the tenant did not oppose, that the filing fee be added to the debt. It is therefore included in the total sum ordered.