Published tribunal order
Tenancy Tribunal case 5428912 — Rent arrears
Decided 17 Mar 2026 · Published 17 Mar 2026 · Application 5428912
- 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.
- Nicholas Peter Southall and Adam Kent owe [The landlord/s] $1,908.00 (“the debt”) as follows:
- Nicholas Peter Southall and Adam Kent must pay rent and the debt by weekly payments of $520.00, being $470.00 for rent and $50.00 for the debt. The first payment will be made on 23/03/2026 and payments will continue every Monday until the debt is repaid in full.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay the rent and rent arrears under Order 3, 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
- The landlord attended the hearing by teleconference. The tenants couldn’t be contacted on the numbers given in the Notice of Hearing, which was properly served. Two calls were made to each of them but all calls went to answerphone.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Should a conditional termination order be made?
- Rent was more than 21 days in arrears on the date the application was filed. Payments made by the tenants after that reduced the arrears but on the date of the hearing rent was again more than 21 days behind.
- The landlord has provided rent records which prove the amount owing.
- The landlord is entitled to an Order terminating the tenancy. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The landlord prefers to give the tenants the chance to repay the arrears and continue the tenancy. It is prepared to accept weekly payments of $50.00 provided there is a consequential clause in place if the rent and arrears are not paid when due.
- On that basis, despite my finding that the landlord is entitled to a termination Order, 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 tenants breach 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.