Published tribunal order
Tenancy Tribunal case 5358922 — Rent arrears at 12 Riviera Drive, Flat Bush, Auckland 2019
Decided 19 Dec 2025 · Published 19 Dec 2025 · Application 5358922
- Rent arrears
Order
- Zeeshan Nasri and [The tenant/s] owe Staircase Property Management Limited As Agent For Clare And [The landlord/s] $3,388.00 (“the debt”) being $3360.00 in rent arrears to Saturday 20 December 2025 and $28.00 for the application filing fee.
- Zeeshsan Nasri and [The tenant/s] must pay rent and the debt as follows: a. By 33 weekly payments of $870.00, being $770.00 for rent and $100.00 for the debt. b. A final payment of $858.00, being $770.00 for rent and $88.00 for the debt. c. Payments will be every Saturday, with the first payment on 20/12/2025 and continuing until 08/08/2026.
- 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 2 working days of the due dates: a. The tenancy at 12 Riviera Drive, Flat Bush, Auckland 2019 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?
- 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.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing.
- Because Staircase Property Management Limited As Agent For Clare And [The landlord/s] has wholly succeeded with the claim I have reimbursed the filing fee.