Published tribunal order
Tenancy Tribunal case 5337186 — Rent arrears at 35 Miro Street, Manunui, Taumarunui 3924
Decided 5 Dec 2025 · Published 5 Dec 2025 · Application 5337186
- 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.
- Miriam Iwikau owes [The landlord/s] $1,048.00 (“the debt”) being $1020.00 in rent arrears to the 23 rd of October 2025 and $28.00 for the application filing fee.
- Miriam Iwikau must pay [The landlord/s] $680.00 on Thursday 23 October 2025 and on Thursday every week thereafter being $660.00 towards current rent and $20.00 towards the debt in order 2 until the debt is paid in full.
- 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 35 Miro Street, Manunui, Taumarunui 3924 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. An agreement was negotiated and agreed to during the hearing to resolve this matter. That agreement is reflected in the orders above.
Should the tenancy be terminated?
- The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. See section 55(1)(aa) Residential Tenancies Act 1986.
- In this case I find the landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
- The grounds have been established and the tenancy must be terminated. However, 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 thus 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.