Published tribunal order
Tenancy Tribunal case 5339410 — Rent arrears at 245 Porchester Road, Takanini, Takanini 2112
Decided 11 Dec 2025 · Published 11 Dec 2025 · Application 5339410
- Rent arrears
- 14-day notice
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.
- Winnifred Toe Toe owes [The landlord/s] $3,155.36 (“the debt”) being rent to 22 December 2025 of $1,592.86, water rates of $1,534.50 and reimbursement of the filing fee of $28.00.
- Winnifred Toe Toe must pay rent and the debt as follows: a. By paying $730.00 on Tuesday 16 December 2025 being the rent due on that day. b. By paying $2,425.36 no later than 5 pm Monday 22 December 2025.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and the debt within 2 working days of the due dates: a. The tenancy at 245 Porchester Road, Takanini, Takanini 2112 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.
- The tenant must pay the landlord $920.00 in further bond immediately.
Reasons
- Both parties attended the hearing by telephone.
- The landlord has applied for termination of the tenancy, rent arrears, water rates and an increase in the bond. The tenant wants to repay the debt to avoid immediate termination.
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 not paying the water rates and persistently being in rent arrears. The Tribunal made a prior order in relation to rent arrears on 4 June 2025.
- On 11 July 2025 the landlord served a 14-day notice on the tenant but the breach has not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
- 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 tenant has been paying $30.00 per week in addition to rent for water rates. She has agreed to continue to make these payments so that the debt for water rates does not increase.
- The tenant will arrange with WINZ to change her automatic payment of rent to $760.00 and will try to arrange with WINZ to get funds to pay the additional amount of bond of $920.00.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.