Published tribunal order
Tenancy Tribunal case 5363365 — Rent arrears
Decided 22 Jan 2026 · Published 22 Jan 2026 · Application 5363365
- Rent arrears
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the tenant’s name and identifying details.
- [The tenant/s] owes Advantage Realty Limited As Agent For Olivia Donaldson rent arrears calculated to 18 November 2025 being $3,394.29 (“the debt”) and $28 for the filing fee.
- [The tenant/s] must pay the debt, current rent and the filing fee as follows: a. By a payment of $1,440 on or before 11.59pm on Friday 21 November 2025 (being $925.71 to pay her current rent from 19 November 2025 to 27 November 2025 plus $514.29 as partial payment towards the debt); and b. By a payment of $2,908 on or before 11.59pm on Thursday 27 November 2025 (being payment for the balance of the debt ($2,880) and the filing fee ($28)).
- 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 set out in Order 3 above: a. The tenancy at [Tenancy address suppressed] 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 for breach of the tenant’s obligations and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
Should the tenancy be terminated?
- The tenancy commenced on 16 May 2025.
- Rent arrears accrued and the landlord issued a 14-day notice to remedy rent arrears. The tenant failed to comply with the notice because while payments were made the current rent that continued to fall due was not paid so the tenant has not remedied the breach.
- Where a landlord applies to terminate for breach, and rent is at least 21 days in arrears on the hearing date, the Tribunal must terminate the tenancy. See sections 55 and 56(2) Residential Tenancies Act 1986.
- Rent is at least 21 days in arrears at the hearing date. The landlord provided rent records which prove the amount owing as at the hearing date.
- $3,394.29 is payable to today’s date in arrears.
- After hearing of the tenant’s difficulties the landlord was willing for the Tribunal to consider making a conditional order.
- Section 55(1A) of the Act provides that the Tribunal may, instead of making a final order, make a conditional termination order if it is satisfied the tenant will repay the arrears within a specified period and that a similar breach is unlikely to occur again.
- Having considered the tenant’s endeavours and the landlord’s position I am satisfied it is appropriate to make a conditional termination order here.
- The tenant says she will approach WINZ, sell items if needed and use her child support. She has a lump sum which will be received shortly, and has an appointment with WINZ.
- The rent that will fall due from 19 November 2025 to 27 November 2025 is $925.71. The tenant must pay this current rent as well as clear the debt.
- 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.
- Although it falls outside the scope of this order, I note here for the sake of clarity for the tenant, so she can prepare her finances, that the weekly rent will be due again on 28 November 2025. Filing fee and suppression
- I have awarded the landlord the filing fee as it has been successful.
- Under section 95A RTA, the Tribunal must, unless there are reasons not to, order suppression of the name and details of any party who has been wholly or substantially successful. Although entitled to name suppression, the landlord does not seek it so I have not awarded this.
- Section 95A(4) RTA provides the Tribunal with discretion to suppress the name and details of a party who has not been wholly or substantially successful. Having considered the tenants’ personal circumstances and noting that they have avoided immediate termination, I am satisfied that there are grounds to exercise the discretion, and the Tribunal orders suppression of the tenant’s name.