Published tribunal order
Tenancy Tribunal case 5382881 — Rent arrears at 1 Reu Street, Taumarunui, Taumarunui 3920
Decided 18 Dec 2025 · Published 18 Dec 2025 · Application 5382881
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Property Brokers Limited As Agent For Angela Holt $952.00 (“the debt”) being $924.00 in rent arrears to Wednesday 24 December 2025 and $28.00 for the application filing fee.
- [The tenant/s] must pay Property Brokers Limited As Agent For Angela Holt $1,377.00 on Wednesday 24 December 2025 being $425.00 for rent and $952.00 for the debt in order 1.
- 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 1 Reu Street, Taumarunui, Taumarunui 3920 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 applicant attended the hearing by phone. The respondent did not attend.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. In the hearing the applicant told me they are happy to continue the tenancy if the respondent pays the arrears in full.
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 being in persistent rent arrears since June 2025. On the 4 th of November 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 due to the persistent nature of the breach.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I agree that it is preferable to allow the respondent an opportunity to remedy the breach and preserve the tenancy. The ball is in the respondents court. I have granted a conditional termination. 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.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing.