Published tribunal order
Tenancy Tribunal case 5443428 — Rent arrears at 79 Anzac Road, Morningside, Whangarei 0110
Decided 12 Mar 2026 · Published 12 Mar 2026 · Application 5443428
- Rent arrears
- 14-day notice
Order
- The tenancy of [The tenant/s] at 79 Anzac Road, Morningside, Whangarei 0110 is terminated and possession is granted to Mid North Real Estate Limited As Agents For Brent Anthony Martin As Trustee For Marto 4 Trust, at 11.59 pm 19 March 2026.
- The tenant is to pay the landlord $2,578.00 immediately being rent arrears to termination of $2,550.00 and reimbursement of the filing fee of $28.00.
Reasons
- Both parties attended the hearing remotely.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the filing fee.
- Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord provided rent records which prove the amount owing at the end of the tenancy.
- The landlord explained that it was seeking a termination order rather than a conditional termination order because this tenancy has been in rent arrears from its second week. It advised that it did not intend enforcing the termination order immediately provided the rent arrears were cleared and the tenant continued to pay the rent on time every week. The tenant confirmed that she had put in place a direction order so that the rent would be paid automatically in future.
- The tenant is also in breach of the tenancy agreement because she has not paid the bond of $2,600.00. A claim for this sum or for termination because of this breach was not included in the landlord’s application. However, it is a breach that the tenant needs to remedy. The landlord indicated that it would work with the tenant to get the bond paid.
- Because Mid North Real Estate Limited As Agents For Brent Anthony Martin As Trustee For Marto 4 Trust has wholly succeeded with the claim I must reimburse the filing fee.