Published tribunal order
Tenancy Tribunal case 5316134 — Rent arrears at 77 Paremoremo Road, Lucas Heights, Auckland 0632
Decided 8 Oct 2025 · Published 8 Oct 2025 · Application 5316134
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes The Rent Shop Limited As The Agent For Fiona Hunton & Mark Binney $1,761.34 (“the debt”) being rent arrears of $1,733.34 to Thursday 9 October 2025 and the filing fee of $28.00.
- [The tenant/s] must pay rent and the debt as follows: a. By paying rent of $1,300 as due on Friday 10 October 2025. b. By 17 weekly payments of $1,400.00, being $1,300.00 for rent and $100.00 for the debt. Payments will be every Friday, with the first payment on 17 October 2025 and continuing until the debt is paid.
- 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 five working days of the due dates: a. The tenancy at 77 Paremoremo Road, Lucas Heights, Auckland 0632 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 five 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 for breach of the tenant’s obligations.
Should the tenancy be terminated?
- 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. See section 56(1) Residential Tenancies Act 1986.
- 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.
- The tenant has breached their obligations by failing to pay rent as due.
- 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.
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 not remedying the rent arrears. On 28 July 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.
- The tenant explained her previous confusion about how much and when rent was due (as supported in the rent summary). There has been agent churn since commencement so the agents present could not respond to all claims. Any prior tenant confusion should now be resolved and rent paid weekly as confirmed by both parties and ordered here. I have extended the “grace period” after any due date to five working days to reflect the previous confusion that led to this application and the generally very good payment history to date.
- 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. Other matters
- The tenant advised she is processing a tenant application to the Tribunal against the landlord. If that does proceed and conclude with an order in her favour while the debt payment terms are still active, she may request that adjudicator address in that order any remaining balance of the debt here. That would end this conditional termination order. Filing fee
- Because The Rent Shop Limited As The Agent For Fiona Hunton & Mark Binney has wholly succeeded with the claim I must reimburse the filing fee.