Published tribunal order
Tenancy Tribunal case 5418316 — Rent arrears at 23 Franklin Avenue, Papatoetoe, Auckland 2024
Decided 16 Feb 2026 · Published 16 Feb 2026 · Application 5418316
- Rent arrears
- 14-day notice
Order
- [The tenant/s] and [The tenant/s] owes Gps Enterprise Limited As Agent For Dave Bhandarz $3,978.00 (“the debt”) being $3950.00 in rent arrears to 18/02/2026 and $28.00 for the application filing fee.
- [The tenant/s] and [The tenant/s] must pay rent and the debt as follows: a. By 26 weekly payments of $725.00, being $575.00 for rent and $150.00 for the debt. b. A final payment of $653.00, being $575.00 for rent and $78.00 for the debt. c. Payments will be every Thursday, with the first payment on 19/02/2026 and continuing until 20/08/2026.
- 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: a. The tenancy at 23 Franklin Avenue, Papatoetoe, Auckland 2024 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 the application filing fee. The tenant wants to repay the debt to avoid immediate termination.
- The landlord has provided rent records which prove the amount owing. I am satisfied these records are correct.
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- Because Gps Enterprise Limited As Agent For Dave Bhandarz has wholly succeeded with the claim I have reimbursed the filing fee.