Published tribunal order
Tenancy Tribunal case 5344542 — Rent arrears at 11 Thyme Court, Flat Bush, Auckland 2016
Decided 30 Oct 2025 · Published 30 Oct 2025 · Application 5344542
- 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’s name and identifying details.
- Avalua Rivers, Mercy Feilo and Lefata Rivers must pay [The landlord/s] $0.00 immediately being water rates of $538.00 and reimbursement of the filing fee of $28.00.
- The application for termination of the tenancy is withdrawn.
- The Tribunal makes this declaration to the tenants. A failure to pay rent when due is a breach of the tenants’ responsibilities under section 40 of the Residential Tenancies Act 1986. Should the tenants commit another breach by failing to pay rent on time, the Tribunal will likely terminate the tenancy if the landlord makes another application.
Reasons
- Both parties attended the hearing which I conducted by phone. Ms Rivers represented the tenants.
- Ms Feilo no longer resides at the premises but she has not been released as a joint tenant, so she continues to remain liable for costs in relation to the tenancy.
- The landlord applied for termination of the tenancy because the tenants had failed to pay rent. The landlord issued a 14-day breach notice for rent arrears that was not remedied before today.
- The landlord has since received payments of rent (the latest payment received today) that have cleared the rent arrears, leaving a small credit which the tenant agreed to have applied to the outstanding waters rates, the amount of which she accepted. The outstanding water rates were $644.00 before the rent credit was applied to them. The outstanding water rates are now $538.00.
- The landlord withdrew the application to terminate the tenancy but sought a conditional termination order. The Tribunal cannot make a conditional order for termination when the rent arrears have been paid in full. The tenants have a statutory responsibility to pay the rent when it is due.
- I have issued a declaration to the tenants reminding them that if they fail to pay rent when due (the next payment is due on Friday) the landlord can issue a new breach notice and if not remedied can apply again to terminate the tenancy. If that happens it is likely that the Tribunal will terminate the tenancy if the landlord proves its case.
- As the application is successful, the tenants must pay the landlord’s Tribunal filing fee of $28.00.
- The landlord sought, and is entitled to, name suppression as the application is successful 1 . The tenant did not seek name suppression.