Published tribunal order
Tenancy Tribunal case 5343085 — Rent arrears at Unit/Flat 2, 39 Udys Road, Pakuranga, Auckland 2010
Decided 18 Nov 2025 · Published 18 Nov 2025 · Application 5343085
- Rent arrears
Order
- [The tenant/s] owes Street Smart Property Management Limited As Agent For Aseem Joshi $1,178.00 (“the debt”) for rent arrears of $1,150.00 due and owing to 21 November 2025, and a filing fee of $28.00.
- [The tenant/s] must pay rent and the debt as follows: a. By 23 weekly payments of $600.00, being $550.00 for rent and $50.00 for the debt. b. A final payment of $578.00, being $550.00 for rent and $28.00 for the debt. c. Payments will be every Saturday, with the first payment on 22/11/2025 and continuing until 02/05/2026.
- 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 3 working days of the due dates: a. The tenancy at Unit/Flat 2, 39 Udys Road, Pakuranga, Auckland 2010 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. 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 failing to pay rent as and when it falls due. On multiple dates the landlord has served 14-day notices on the tenant but the breaches were not remedied within the required period. It would be inequitable to refuse to terminate the tenancy due to the inconsistent rent record.
- However, 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.
- Because Street Smart Property Management Limited As Agent For Aseem Joshi has wholly succeeded with the claim, the tenant must reimburse the filing fee.