Published tribunal order
Tenancy Tribunal case 5423447 — Rent arrears at 63 Harrison Lane, Pakipaki, RD 11, Hastings 4178
Decided 25 Feb 2026 · Published 25 Feb 2026 · Application 5423447
- Rent arrears
Order
- [The tenant/s] owes Oxygen.Co.NZ Limited as Agent for Paul Harris and [The landlord/s] $1,848.00 (“the debt”) being $1,820 rent arrears to 26 February 2026 and $28 filing fee.
- [The tenant/s] must pay rent and the debt as follows: a. By 61 weekly payments of $700.00, being $670.00 for rent and $30.00 for the debt. b. A final payment of $688.00, being $670.00 for rent and $18.00 for the debt. c. Payments will be every Friday, with the first payment on Friday 27 February 2026 and continuing until 30 April 2027.
- 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 63 Harrison Lane, Pakipaki, RD 11, Hastings 4178 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.
- This order supercedes the Tribunal’s order made on 29 October 2025.
Reasons
- Only the landlord attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and payment of the bond. The tenant wants to repay the debt to avoid immediate termination.
- 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.
- Rent was at least 21 days in arrears when this application was filed on 9 January 2026.
- The landlord has also served a breach notice that the tenant has not complied with. It would be inequitable to refuse to make a termination order given the long history of rent arrears in this case.
- The landlord has proposed a conditional termination order and so I have made an order in the terms proposed. The additional $30 per week is the minimum that the landlord is willing to accept, and it does not prevent the tenant from paying more than that to reduce and clear the arrears more quickly.
- 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.