Published tribunal order
Tenancy Tribunal case 5438919 — Rent arrears
Decided 26 May 2026 · Published 26 May 2026 · Application 5438919
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- This Order records an agreed position between the parties and the Tribunal orders suppression of the Parties’ names and identifying details.
- [The tenant/s] owes [The landlord/s] $2,036.85 (“the debt”) being rent arrears to 25 May 2026.
- [The tenant/s] must pay rent and the debt as follows: a. By 40 weekly payments of $173.00, being $123.00 for rent and $50.00 for the debt. 1 b. A final payment of $159.85, being $123.00 for rent and $36.85 for the debt. c. Payments will be every Wednesday, with the first payment on 27/05/2026 and continuing until 03/03/2027.
- Payments will be allocated in the following order: current rent and rent arrears.
- If the tenant fails to pay rent and rent arrears within five (5) working days of the due dates: 1 The current weekly rent is Income Related Rent as determined by MSD. If the Income Related Rent is reassessed, the payments will change. The amount payable each week will be the reassessed income related rent, plus $50 for the arrears until the arrears are paid in full. 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.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination. The landlord supports that.
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 parties agreed to a payment plan and conditional termination. I have made orders accordingly.
- 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.