Published tribunal order
Tenancy Tribunal case 5351361 — Rent arrears at Unit/Flat Flat 19, 128 Stancombe Road, Flat Bush,
Decided 19 Nov 2025 · Published 19 Nov 2025 · Application 5351361
- Rent arrears
Order
- [The tenant/s] owes The Rent Shop Limited $2,236.72 (“the debt”), being rent arrears of $2,220.00 as at 24 November 2025, water rates of $8.72, and the filing fee of $28.00
- [The tenant/s] must pay rent and the debt as follows: a. By paying rent of $550.00 as due on Tuesday 25 November 2025, then b. A payment of $2,236.72, being for the debt to be paid no later than Sunday 30 November 2025.
- Payments will be allocated in the following order: rent, rent arrears, water rates and the filing fee.
- If the tenant fails to pay rent, rent arrears and water rates within 2 working days of the due dates: a. The tenancy at Unit/Flat Flat 19, 128 Stancombe Road, Flat Bush, Auckland 2016 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
- The landlord attended the hearing, conducted via teleconference. Two calls to the tenant went unanswered and to voicemail. After the first call went to voicemail, a brief message was left introducing myself and explaining the purpose of the call. The message concluded with the advice I would try a second time after waiting some minutes. I was satisfied adequate service had completed and I continued with the hearing after the second call also went unanswered.
- 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 arrears and water rates. On 15 September 2025 the landlord served a 14-day notice on the tenant but the breach was 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 should have a final chance to pay the debt within the period specified in the order. He is unlikely to commit any further breach. I have granted a conditional termination, with the support of the landlord. 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. Filing fee
- Because The Rent Shop Limited has wholly succeeded with the claim I must reimburse the filing fee.