Published tribunal order
Tenancy Tribunal case 5400117 — Rent arrears at 93 Office Road, Merivale, Christchurch 8014
Published 15 January 2026 · Application 5400117
Landlord favoured
- Rent arrears
Order
- Raelene Jon-An Prendeville owes Braziers Limited As Agent For Sally Hope $1,228.01 (“the debt”) being $1200.01 in rent arrears to Thursday 15 January 2026 and $28.00 for the application filing fee.
- Raelene Jon-An Prendeville must pay Braziers Limited As Agent For Sally Hope $780.00 on Thursday 15 January 2026 and on Thursday every week thereafter, being $730.00 for rent and $50.00 for the debt until the debt is paid in full.
- Payments will be allocated in the following order: rent, rent arrears, and then to 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 93 Office Road, Merivale, Christchurch 8014 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.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
- The parties agreed to the terms outlined in the order above.
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 in full and on time on multiple occasions. On the 11 th of November 2025 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. For these reasons, It would be inequitable to refuse to terminate the tenancy.
- 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. 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 provided rent records showing the amount owing. I am satisfied these records are correct.
- Because Braziers Limited As Agent For Sally Hope has wholly succeeded with the claim I have reimbursed the filing fee.