Published tribunal order
Tenancy Tribunal case 5318118 — Rent arrears
Decided 8 Oct 2025 · Published 8 Oct 2025 · Application 5318118
- 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’s name and identifying details.
- Osaiasi Talanoa iv Polutele owes [The landlord/s] $2,878.00 (the debt) being $2,850 rent arrears owing to 8 October 2025 and $28.00 filing fee.
- Osaiasi Talanoa iv Polutele must: a. pay the debt in full by Wednesday 22 October 2025, and b. continue to pay the current weekly rent of $700.00, the next payment being due tomorrow, Thursday 9 October 2025.
- All money paid will go first to current rent, then to rent arrears, and then to the application fee as established in order 2) above.
- If any payment of the current rent, or rent arrears, is not paid within two working days of the due date as indicated in orders 3) above: a. the tenancy shall terminate immediately; b. vacant possession shall be granted to [The landlord/s] c. any remaining debt will become due and payable in full immediately.
- Order 5) applies until the debt is paid in full.
Reasons
- The landlord attended the hearing which was conducted by video. Two attempts to reach the landlord by phone went unanswered. An attempt was made at another phone number but the Tribunal was told that the tenant was at work.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord sought a conditional order.
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.
- Because the tenant has made some extra payments recently, the landlord would like a conditional order.
- 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.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
- Because the application and notice of hearing did not mention water rates, no orders have been made in relation to those. The landlord will pursue that with the tenants.