Published tribunal order
Tenancy Tribunal case 5331186 — Rent arrears at Unit/Flat 2, 7 James Road, Manurewa, Auckland 2102
Decided 10 Oct 2025 · Published 10 Oct 2025 · Application 5331186
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Crystal Realty Ltd T/A: Harcourts Mt Roskill As Agent For Vkv Developments Ltd $5,416.57 (“the debt”) being $5388.57 in rent arrears to Wednesday 15 October 2025 and $28.00 for the application filing fee.
- [The tenant/s] will pay the applicant: a. $480.00 on Thursday 16 October 2025 and on Thursday every week thereafter being $410.00 towards current rent and $70.00 towards the debt in order 1 until the debt is paid in full. b. The balance of the debt no later than Saturday 31 October 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 Unit/Flat 2, 7 James Road, Manurewa, Auckland 2102 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
- 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.
- A payment plan was negotiated by the parties during the hearing and is reflected in the orders above.
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.
- 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 Crystal Realty Ltd T/A: Harcourts Mt Roskill As Agent For Vkv Developments Ltd has wholly succeeded with the claim I have reimbursed the filing fee.