Published tribunal order
Tenancy Tribunal case 5410571 — Rent arrears at Unit/Flat Flat 2, 23 Rose Road, Papatoetoe, Auckland 2025
Decided 24 Feb 2026 · Published 24 Feb 2026 · Application 5410571
- 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 landlords name and identifying details.
- Solomona Filia and Alofisula Filia owes [The landlord/s] $728.00 (“the debt”) being $700.00 in rent arrears to Wednesday 25 February 2026 and $28.00 for the application filing fee.
- Solomona Filia and Alofisula Filia must pay rent and the debt as follows:
- By 7 weekly payments of $750.00, being $650.00 for rent and $100.00 for the debt.
- A final payment of $678.00, being $650.00 for rent and $28.00 for the debt.
- Payments will be every Thursday, with the first payment on 26/02/2026 and continuing until 16/04/2026.
- 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:
- The tenancy at Unit/Flat Flat 2, 23 Rose Road, Papatoetoe, Auckland 2025 will terminate and the landlord will have immediate possession of the premises.
- 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 and rent arrears.
- Section 56(1) of the Residential Tenancies Act 1986 provides that the Tribunal may terminate a tenancy for breach where, having regard to the nature or extent of the breach, it would be inequitable to refuse termination. Where the breach is capable of remedy, the landlord must first serve notice requiring the tenant to remedy the breach within not less than 14 days, and must establish that the tenant has failed to do so.
- The tenant breached their obligations by failing to pay rent in full and on time. On the 8 th of December 2026 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. 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.
- Because [The applicant/s] has wholly succeeded with the claim I have reimbursed the filing fee and grated their request for suppression.