Published tribunal order
Tenancy Tribunal case 5383423 — Rent arrears at 108 Miller Street, Georgetown, Invercargill 9812
Decided 9 Jan 2026 · Published 9 Jan 2026 · Application 5383423
- Rent arrears
Order
- [The tenant/s] owes Inspire Real Estate Limited As Agent For P Tautari $548.00 (“the debt”) being rent arrears of $520.00 and reimbursement of the filing fee of $28.00.
- [The tenant/s] must pay the landlord the debt of $548.00 and the current rent of $400.00 by 5 pm Wednesday 14 January 2026.
- Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due date: a. The tenancy at 108 Miller Street, Georgetown, Invercargill 9812 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 by telephone.
- The tenant was telephoned twice but did not answer and so messages were left.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord wishes to allow the tenant an opportunity 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 should be given an opportunity to 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.
- Because Inspire Real Estate Limited As Agent For P Tautari has wholly succeeded with the claim I must reimburse the filing fee.