Published tribunal order
Tenancy Tribunal case 5338450 — Rent arrears at Unit/Flat 2, 7 Korowai Street, Mount Maunganui, Mount
Decided 24 Sept 2025 · Published 24 Sept 2025 · Application 5338450
- Rent arrears
Order
- [The tenant/s] owes [The landlord/s] $4,828.00 (“the debt”), being rent arrears of $4,800.00 and the filing fee of $28.00.
- [The tenant/s] must pay rent and the debt as follows: a. By 24 weekly payments of $500.00, being $300.00 for rent and $200.00 for the debt. The payment required may increase to reflect any effective increase in rent, as applicable. b. A final payment of $328.00, being $300.00 for rent and $28.00 for the debt. c. Payments will be every Wednesday, with the first payment on 24/09/2025 and continuing until 11/03/2026.
- 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 Korowai Street, Mount Maunganui, Mount Maunganui 3116 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. Mr Heise represented the landlord although Mr Barnes was called to confirm the agency of Mr Heise as well as his intentions regarding this application.
- 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.
- This tenancy has not operated efficiently. Mr Barnes engaged Mr Heise to assist him but the rent has continued to be paid to Mr Barnes. I was told that there is no online visibility of rent payments and physical visits to the local branch are required.
- The rent summary was not up to date. The matter was adjourned open on 17 September 2025. That order provided:
- Unfortunately, the landlord has failed to respond, even after informally waiting a further five days. In the absence of that, the tenant has been proactive in following up with the Tribunal. She accepted the rent arrears as stated in the application but rejected further rent arrears.
- I concur with the tenant and set rent arrears at $4,800.00. The landlord has had the opportunity to provide a more accurate rent summary but failed to do so.
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. Other issues
- Mr Heise is acting as agent for the owner. They both need to ensure the tenancy operates as expected under the Residential Tenancies Act 1986 (as does the tenant). If that is beyond them, consideration of professional property management should be considered. Filing fee
- Because [The landlord/s] has substantially succeeded with the claim I have reimbursed the filing fee.