Published tribunal order
Tenancy Tribunal case 5373982 — Rent arrears at 14 Fleet Street, Oamaru North, Oamaru 9400
Decided 8 Dec 2025 · Published 8 Dec 2025 · Application 5373982
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Robertson Property Management Limited T/A Lj Hooker Oamaru Rentals as Agent For Harvey & Kerry Weir $3,116.56 (“the debt”), calculated as follows: a. Rent up to and including Friday 12 December 2025: $3,088.56; and b. Filing fee $28.00.
- [The tenant/s] tenant/s] must pay the debt by 4pm Friday 12 December 2025 (the due date).
- Payments will be allocated in the following order: rent arrears, and the filing fee.
- If the tenant fails to pay rent arrears by 4pm Friday 12 December: a. The tenancy at 14 Fleet Street, Oamaru North, Oamaru 9400 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, which was conducted by phone. The tenant answered the phone, but said that she thought the hearing was on the 12 th . She said that she is on a farm and has poor reception. The phone call ended.
- During the hearing a further attempt was made to reach the tenant, but it went to voicemail.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
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.
- The rent was 21 days in arrears when the application was made on 24 October 2025. The tenant owed $1,545.71. After the application was filed, the tenant then paid three weeks rent, leaving her just one week in arrears. She then paid her weekly rent of $470 plus a small amount to reduce the arrears. However, since that payment on 29 October, she has made no payments.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing at today’s date is now $2,819.99.
- I had indicated to the landlord that I would terminate the tenancy on Friday, giving the tenant a few days to move out. During the hearing the landlord received an email from the tenant showing that she had just made a payment of $1,500 and saying that she very much wants to stay at the property. That leaves arrears still owing of $1,319.99 up to 8 December 2025.
- The property manager is concerned that the arrears will again continue to mount and wants to protect her client.
- After discussion, it was agreed that a conditional termination order is appropriate. The tenant has until Friday to clear the debt. That means that the landlord will get the money owed to them, and the tenant will keep her home. A further four days’ rent arrears for Tuesday to Friday was added, giving a total of $3,088.56.
- It also means that on Monday 15 December, she will owe a further two days’ rent (for Saturday 13 th and Sunday 14 th ) on top of her usual one week’s rent in advance. The tenant must understand that repeated lapses will find her back before the Tribunal and at risk of losing her home.
- The conditional termination order will lapse if it is fully complied with. If the tenant does not pay the arrears by Friday 12 December 2025, the tenancy will terminate immediately and there is a possession order in favour of the landlord. The possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- Because Robertson Property Management Limited T/A Lj Hooker Oamaru Rentals As Agent For Harvey & Kerry Weir has wholly succeeded with the claim I must reimburse the filing fee.