Published tribunal order
Tenancy Tribunal case 5319360 — Rent arrears at 28A Will Street, Huapai, Kumeu 0810
Decided 30 Sept 2025 · Published 30 Sept 2025 · Application 5319360
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Max Rentals Nz Limited As Agent For Silvereye Projects Ltd $741.19 (“the debt”) being rent arrears calculated to 26 September 2025.
- [The tenant/s] tenant/s] must pay rent and the debt as follows: a. By 14 weekly payments of $600.00, being $550.00 for rent and $50.00 for the debt. b. A final payment of $591.19, being $550.00 for rent and $41.19 for the debt. c. Payments will be every Tuesday, with the first payment on 30/09/2025 and continuing until 06/01/2026.
- Payments will be allocated in the following order: rent, and rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 28A Will Street, Huapai, Kumeu 0810 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- Despite the above, the parties agree that the tenancy shall end at 5pm on 17 October 2025 by mutual consent and possession of the premises will return to the landlord on that date.
Reasons
- Both parties attended the hearing.
- 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 being in rent arrears. 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.
- 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.
- Finally, the parties also agree to mutually terminate the tenancy in any event, on 17 October 2025.