Published tribunal order
Tenancy Tribunal case 5318860 — Rent arrears at 384 Roscommon Road, Clendon Park, Auckland 2103
Decided 30 Sept 2025 · Published 30 Sept 2025 · Application 5318860
- Rent arrears
- 14-day notice
- Property damage
Order
- [The tenant/s] owes Rental Doctors Property Management Ltd As Agent For G Chahal $1,909.00 (“the debt”) for costs to repair broken windows, lounge plasterboard, broken doors, and hole in wall in hallway of the premises.
- [The tenant/s] must pay rent and the debt as follows: a. By 9 weekly payments of $940.00, being $740.00 for rent and $200.00 for the debt. b. A final payment of $849.00, being $740.00 for rent and $109.00 for the debt. c. Payments will be every Tuesday, with the first payment on 07/10/2025 and continuing until 09/12/2025.
- Payments will be allocated in the following order: rent, and the debt.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 384 Roscommon Road, Clendon Park, Auckland 2103 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Only the landlord attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears, and damages.
- The landlord is prepared to allow the tenant 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 being in rent arrears and damaging the premises. 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.
- While the rent arrears are now cleared, the windows, lounge plasterboard, doors, and hole in wall in hallway are still unrepaired. I accept the landlord’s estimate of repairs costs of $1,909.00.
- 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.