Published tribunal order
Tenancy Tribunal case 5338441 — Rent arrears
Decided 7 Jan 2026 · Published 7 Jan 2026 · Application 5338441
- 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 name and identifying details.
- owes (“the debt”), calculated per the table below (rent arrears to 6 November 2025 plus the filing fee for the landlord’s application).
- must pay the debt by making weekly payments of a minimum of $50.00 per week, in addition to the usual rent (currently $700.00 per week). The first payment of $750.00 is due on Friday 7 November 2025 and payments will continue every Friday 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 1 working day of the due dates: a. The tenancy at 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 application sought termination, rent arrears, and water rates arrears.
- The first hearing was adjourned.
- The second hearing took place on 5 November 2025. [The landlord’s representative] (representing the landlord) attended by video. Kate Wilcox and Robin Wilcox did not join by video link, but I was able to reach them by phone.
- As at the date of hearing: a. The water rates arrears were cleared. There is a current water invoice for $70.43 which is not yet due for payment. b. The landlord’s rent record shows rent arrears of $2,700.00 to 5 November 2025. The tenants said that they thought the arrears are one week less than this amount, but they could not identify any errors / inaccuracies in the landlord’s rent record.
- I am satisfied that there are grounds for termination of the tenancy. The landlord sent several 14-day breach notices for rent arrears and the breaches were not remedied within the notice period. The nature and extent of the breach is such that it would be inequitable to refuse the request for termination. 1 The rent record shows some arrears in May and July, then persistent arrears since August. The rent is more than 21-days in arrears at the date of hearing.
- [The landlord’s representative] said that the owner would accept a conditional termination.
- The parties reached an agreement that the tenants would pay a minimum of $50 per week in addition to the usual rent, to clear the arrears. The first payment of rent plus $50 will be this Friday, 7 November 2025.
- If these payments are not made, the landlord will be able to terminate the tenancy using this order. If the payments are made and debt is cleared, the termination order will lapse.
- The landlord has been successful in this application and I must also award the landlord the filing fee of $28.00. 2 1 Section 56, Residential Tenancies Act 1986 (“RTA”)
- The landlord sought name suppression. Name suppression is granted to the landlord on the grounds that the landlord was successful in the proceedings. 3