Published tribunal order
Tenancy Tribunal case 5329839 — Rent arrears at 6 Furlong Street, Hawera, Hawera 4610, Upstairs
Decided 31 Oct 2025 · Published 31 Oct 2025 · Application 5329839
- Rent arrears
Order
- [The tenant/s] tenant/s] and [The tenant/s] tenant/s] owes [The tenant/s] landlord/s] $1,628.00 (“the debt”), being rent arrears of $1,600 to Monday 3 Novemebr 2025 and the filing fee of $28.00.
- [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay rent and the debt as follows: a. By 27 weekly payments of $460.00, being $400.00 for rent and $60.00 for the debt. b. A final payment of $408.00, being $400.00 for rent and $8.00 for the debt. c. Payments will be every Tuesday, with the first payment on 04/11/2025 and continuing until 12/05/2026.
- 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 2 working days of the due dates: a. The tenancy at 6 Furlong Street, Hawera, Hawera 4610, Upstairs 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 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
- 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?
- 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.
- 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.
- While the tenants did not answer the calls, they have previously agreed with the landlord on the same terms as ordered here. The continuation of this tenancy now sits with the tenants following through om their promise.
- 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. Filing fee
- Because [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.