Published tribunal order
Tenancy Tribunal case 5391922 — Rent arrears at 5 Kahu Street, Tokoroa 3420
Decided 5 Feb 2026 · Published 5 Feb 2026 · Application 5391922
- Rent arrears
- 14-day notice
Order
- [The tenant/s] and [The tenant/s] owes Property Brokers Limited As Agent For Yuanye Zhang $838.00 being rent arrears owed for the current period ending 10 February 2026 of $300; further rent that will be owed for the period from 11 February 2026 to 17 February 2026 of $510; and the filing fee on the application of $28.00 (“the debt”).
- [The tenant/s] and [The tenant/s] must pay rent and the debt as follows: a. By a payment in full of $1,348.00 by 18/02/2026, being $510.00 for rent (due for the period 18/02/2026 to 24/02/2026) and $838.00 for the debt.
- 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 5 Kahu Street, Tokoroa 3420 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 video hearing represented by Mr Hawkes. The Tribunal telephoned the tenants on the cell phone numbers provided for them in the application. One number did not connect. Calls to the other number diverted to voicemail. I am satisfied that the tenants received notice of the hearing and did not attend.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The landlord is willing to give the tenants an opportunity to repay the debt to avoid immediate termination.
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 failing to pay rent on time and being constantly in arrears. On 30 October 2025, 6 November 2025 and 18 November 2025, the landlord served 14-day notices on the tenant but the breaches were not remedied within the required period and arrears have continued. It would be inequitable to refuse to terminate the tenancy given the frequency of the breaches and continuing rent arrears.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination as requested by the landlord. 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.