Published tribunal order
Tenancy Tribunal case 5382014 — Rent arrears at 25 Mabel Howard Place, Avonside, Christchurch 8061
Published 20 January 2026 · Application 5382014
Landlord favoured
- Rent arrears
Order
- Lawrence Noel Crisp owes Otautahi Community Housing Trust $2,242.87 (“the debt”) being rent arrears of $2,214.87 as at 26 January 2026 and $28.00 application filing fee.
- Lawrence Noel Crisp must pay rent and the debt as follows: a. By weekly payments of $300.00, being $255.00 for rent and $45.00 for the debt. b. Payments will be every Tuesday, with the first payment on 27 January 2026 and continuing weekly until the debt is paid.
- 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 3 working days of the due dates: a. The tenancy at 25 Mabel Howard Place, Avonside, Christchurch 8061 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 3 working days of the due date, the filing fee will be payable immediately.
Reasons
- The landlord attended the hearing, set down to be conducted via video. 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 has made some recent extra payments and the landlord wants to provide a final opportunity for the tenant to pay rent and repay the debt over time to avoid immediate termination.
- After the hearing concluded the tenant managed to navigate the video entry and I let him into the conference. The landlord was by that time unavailable when called. Regardless, it was a good opportunity to confirm with Lawrence the conditional termination order and ensure he understands it.
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 as the terms in the order are consistent with his recent extra payments. 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.
- Because Otautahi Community Housing Trust has wholly succeeded with the claim I must reimburse the filing fee.