Published tribunal order
Tenancy Tribunal case 5409768 — Rent arrears
Decided 2 Feb 2026 · Published 2 Feb 2026 · Application 5409768
- 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 landlord’s name and identifying details.
- Patelesia Alofagia Stowers owes [The landlord/s] $3,456.00 (“the debt”) as follows:.
- Patelesia Alofagia Stowers must pay rent and the debt as follows: a. the debt of $3,4560.00 must be paid in full not later than 4 February 2025. b. weekly rent of $650.00 (or any amount the rent is changed to) must be paid on Thursday 12 February 2025 and each Thursday after that throughout the tenancy.
- If the tenant fails to pay the debt as required by Order 3 a. or if, within 3 months of the date of this Order the tenant fails to pay the weekly rent when due, as required by Order 3 b, 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.
- 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.
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 weekly rent when due. On 7 November 2025 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period.
- At the date of hearing the rent is more than 21 days in arears so the landlord is entitled to an Order terminating the tenancy. (see s.56(2) RTA)
- Having heard the evidence and with the landlord’s agreement I am satisfied that the tenant should have an opportunity to pay the debt and show that she will not 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.
- Because [The applicant/s] has succeeded with the claim I must reimburse the filing fee.