Published tribunal order
Tenancy Tribunal case 5438293 — Rent arrears
Decided 30 Apr 2026 · Published 30 Apr 2026 · Application 5438293
- 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 name and identifying details.
- Allan Victor Dewsnap and Albertina Sandra Glasgow owes [The landlord/s] $14,524.43 (“the debt”), calculated as in the table below.
- Allan Victor Dewsnap and Albertina Sandra Glasgow must pay rent and the debt as follows: a. Payment of $11,550.00 for rent arrears by 5:00pm on Wednesday 22 April 2026; b. Payment of $1,678.00 for rent from 22 April 2026 to 5 May 2026 ($1,650.00) and the filing fee ($28.00) by 5:00pm on Wednesday 22 April 2026; c. A final payment of $1,296.43 for rent from 6 May 2026 to 16 May 2026 by 5:00pm on Wednesday 6 May 2026.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenants fail to pay rent and rent arrears within 1 working day of the due dates in order 3: 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 1 working day of the due date, the filing fee will be payable immediately.
- If all payments in order 3 are made by the due dates, the tenancy of Allan Victor Dewsnap, Albertina Sandra Glasgow at [Tenancy address suppressed] will terminate and possession will return to [The applicant/s] at 5:00pm on Saturday 16 May 2026.
- The landlord and tenant agree that the landlord has the right of entry into the premises for the purpose of showing the premises to prospective new tenants at as follows:- a. Every Wednesday and Saturday from 12 noon until 1:00pm starting from 29 April 2026 until possession of the premises returns to the landlord; b. The tenants may be present during these times but should not interfere or interrupt the viewings; c. The landlord should knock on the door prior to entry as a matter of courtesy but if the door is not answered, the landlord has the right to use its keys (if any) to enter the premises.
Reasons
- Both tenants and the landlord’s representative attended the hearing held remotely today.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenants want to avoid immediate termination.
- The landlord has provided rent records which prove the amount owing and the tenants agree this is correct.
- The tenants have supplied evidence that the amount owing for rent arrears ($11,550.00) is currently held in a solicitor’s trust account. They say they have withheld rent because the landlord has not fulfilled its legal obligations.
- There have been previous Tribunal proceedings between these parties. A final decision has been issued. The tenants have filed an appeal of that decision which is to be heard in June 2026 (“the appealed decision”).
- The tenants submit that this hearing should be adjourned until the appealed decision has been finalised by the District Court.
- I decline to delay either the hearing or determining of this application. This is because the appealed decision does not concern rent arrears nor the issue of whether a tenant can lawfully withhold rent.
Should a conditional termination order be made?
- 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.
- The tenants say in written submissions that the rent is not unpaid but is withheld. They say these are distinct legal concepts and that rent withholding is a lawful remedy available to tenants under the Residential Tenancies Act 1986 (RTA) when landlords fail to meet their obligations.
- That is not correct. The RTA does not allow tenants to withhold rent.
- The proper course of action is to continue to pay rent and apply to the Tribunal to have any concerns heard and appropriate orders made. The tenants made their previous application, and it was dismissed. They have now appealed that decision, but they cannot withhold rent until the appeal is heard.
- The tenants have not made a new application relating to any new maintenance or any other issue so there is nothing else to be heard and decided.
- The landlord seeks an immediate termination order.
- Both parties confirmed orally in the hearing that the landlord has now given the tenants notice that the fixed term tenancy will not continue past the end of the current term on 16 May 2026.
- I have not been provided written evidence to confirm this, but I accept what they have both told me.
- The tenants say they have the funds available to pay the rent arrears of $11,550.00 immediately. In light of this, and the fact that the tenancy will terminate on 16 May 2026 at the latest, I have decided to grant a conditional termination order today.
- I have made an order that the full amount of rent arrears must be paid to the landlord by 5:00pm tomorrow, Wednesday 22 April 2026.
- I also order the tenants to pay the next amount of fortnightly rent by the due date which is 22 April 2026, and the final rent payment due on 6 May 2026.
- The conditional termination orders in order 3 will lapse if they are fully complied with. However, the tenancy will still terminate on 16 May 2026 pursuant to the landlord’s notice not to continue the tenancy.
- A possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Landlord right of entry into the premises
- The landlord and tenants agree the landlord may show the premises to prospective new tenants on the days and times outlined in my orders.
- The landlord is awarded the filing fee.
- The landlord has succeeded with the application, so its name is suppressed from the published order.