Published tribunal order
Tenancy Tribunal case 5334160 — Rent arrears at 77 Sir John McKenzie Avenue, Yaldhurst, Christchurch
Decided 2 Oct 2025 · Published 2 Oct 2025 · Application 5334160
- 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.
- Brandon Smith and Charlotte Baker owe [The landlord/s] $2,312.86 (“the debt”) being $2284.86 in rent arrears to Thursday 9 October 2025 and $28.00 for the application filing fee.
- Brandon Smith and Charlotte Baker must pay the applicant: $2,962.86, being $650.00 for rent and $2,312.86 for the debt
- 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 date: a. The tenancy at 77 Sir John McKenzie Avenue, Yaldhurst, Christchurch 8042 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. The applicant agreed.
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 failing to pay rent in advance and on time. On the 11 th of August 2025 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 due to the repeated nature of the breach.
- 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.
- The landlord has applied for rent arrears and has provided rent records which show the amount owing. I am satisfied these records are correct.
- Because [The applicant/s] has wholly succeeded with the claim I have reimbursed the filing fee and granted their request for suppression.