Published tribunal order
Tenancy Tribunal case 5383888 — Rent arrears
Decided 3 Feb 2026 · Published 3 Feb 2026 · Application 5383888
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
- [The tenant/s] owes Cushla Mary Dunn Kathryn Mary Mccahill John Lawrence Alanson Dunn As Trustees For Dunn Family Trusts Partnership $1,628 being rent arrears to 2 December 2025 of $1,600 and the application filing fee of $28 (the ‘debt’).
- [The tenant/s] must: a. Pay the rent of $800 that due on 3 December 2025; and b. Pay the debt in full by Friday 5 December 2025.
- All money paid will go first to current rent, then to rent arrears, and then to the application fee as established in order 2) above.
- If the tenant fails to pay the rent and rent arrears as set out at order 3) above within 2 working days of the due dates: 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 which took place by video conference.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
- 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. See section 56(1) Residential Tenancies Act 1986. 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 within the required period.
- The landlord says that the tenant has breached their obligations by not paying the bond at the start of the tenancy and not paying rent on time.
- A rent summary was provided showing that arrears, as at 2 December 2025, are $1,600.
- The landlord has served a number of 14-day notices on the tenant since the start of this tenancy on 1 October 2025.
- The first 14-day notice was issued to the tenant in respect of the non-payment of the bond on 9 October 2025. A bond of $2,400 is payable in the tenancy agreement.
- There were repeated efforts by the landlord to obtain the bond from the tenant which later also combined with efforts in relation to rent arrears. The landlord explained how at the start of the tenancy the tenant provided records showing that the bond had been paid, including screenshots from her bank. The landlord explained that the bond was not however actually paid at this time. The tenant had assured the landlord that payment had been made causing the landlord to doubt themselves. However, eventually it transpired that the bond had not been paid to them at this time.
- The tenant paid the bond outside of the period specified on the 14-day notice and payment was made on 12 November 2025 (being a date after this application was made).
- The tenant acknowledges that there were problems paying the bond. She says she needed the money from her trust account, and this required three signatories including her adult children and they were struggling at this time due to a close family diagnosis. The landlord questions why the tenant led them to believe that the bond had been paid when the tenant would have known at this stage it was not.
- The landlord says that they feel that the tenant does not pay rent on time. The landlord says the tenant reacts to 14 day notices that are sent and then pays rent after that.
- The landlord says that they were hopeful when the tenancy began that the tenant would be an honest person who abided by her responsibilities. The landlord liked the tenant and her family and essentially felt they would be a good fit and were excited about her being the tenant.
- There was some discussion about whether the tenant was in fact a doctor, as stated as part of her application, but ultimately the landlord says that this did not impact their decision to enter into the tenancy with the tenant in any event, so I find nothing turns on this.
- I heard how various other 14-day notices have also been given to the tenant during this tenancy. The landlord says they just want the tenant to abide by her obligations including that of paying rent on time.
- I heard how: a. A 14-day notice was given on 4 November 2025 for rent arrears. Those arrears were paid on 12 November 2025 and therefore the landlord says this breach was remedied within the 14-day period. b. A 14-day notice was given on 11 November 2025 for rent arrears. Those arrears were paid on 12 November 2025 and therefore this breach was remedied within the 14-day period. c. A 14-day notice was given on 20 November 2025 for rent arrears. Those arrears were paid on 21 November 2025 and this breach therefore was remedied in the 14-day period (it would appear that 13 days, rather than 14 days, were given for the tenant to remedy this breach in the letter, but nothing turns on this). d. A 14-day notice was given on 27 November 2025 for rent arrears. The date for this notice to be remedied has not yet passed.
- The tenant says there has been problems with payments due to her not getting her child support (due to the family diagnosis). She says she will pay the rent that falls due tomorrow and pay the arrears by Friday this week. The landlord does not think this will actually occur due to the history of the tenancy.
- By the time of the hearing the tenant has been in breach of one 14-day notice (the bond payment). There is a 14-day notice that remains in place for rent arrears but the date for compliance has not yet come into effect.
- I have considered the position very carefully and consider that it would be inequitable to refuse to terminate the tenancy because: a. The tenant did not remedy the need to make payment for the bond within the required 14 days; and b. While the tenant has, since the application was filed, remedied this breach the landlord has experienced ongoing problems with this tenancy relating to rent obligations with the tenant failing to pay the rent on time; and c. The landlord has needed to issue five breach notices within a short period of time in order to manage this tenancy both in respect of the bond and the rent; and d. Importantly, there are rent arrears today. The tenant is presently 2 weeks in arrears ($1,600) and tomorrow her weekly rent is due again. Conditional termination order
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence from the tenant that she will make payment this week and will comply with a conditional order if made and that she will pay the arrears by this Friday, I am satisfied the tenant will pay the debt within the period specified in the order.
- Now the tenant realises that she must pay rent on time or face an application before the Tribunal I find that she is unlikely to commit any further breach. She said in the hearing she will abide by her obligations.
- I therefore 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. Filing fee and suppression
- I have awarded the landlord the filing fee as they have been substantially successful.
- The tenant seeks suppression of identifying details and the landlord does not.
- Section 95A (4) 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.