Published tribunal order
Tenancy Tribunal case 5340342 — Rent arrears at 11 Baldwin Street, Moera, Lower Hutt 5010
Decided 21 Oct 2025 · Published 21 Oct 2025 · Application 5340342
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Aloha Property Management Limited As The Agent For Xiaoyu Huang And [The tenant/s] landlord/s] $2,868.00 (“the debt”), being rent arrears of $2,840.00 to Wednesday 22 October 2025 and $28.00 filing fee.
- [The tenant/s] tenant/s] must pay rent and the debt as follows: a. By a payment of $2,000.00 on Friday 24 October, being $1,410.00 for rent and $590.00 towards the debt. b. Thereafter, by fortnightly payments of $1,610.00, being $1,410.00 for rent and $200.00 for the debt, commencing Friday 7 November 2025 payments every other Friday, until the debt is paid. c. 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 11 Baldwin Street, Moera, Lower Hutt 5010 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, conducted via teleconference.
- 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.
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. Filing fee
- Because Aloha Property Management Limited As The Agent For Xiaoyu Huang And [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.