Published tribunal order
Tenancy Tribunal case 5473780 — Rent arrears
Decided 10 Jun 2026 · Published 10 Jun 2026 · Application 5473780
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
1
- An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
- The tenancy at [suppressed] is terminated at 11.59pm on Wednesday 20 May 2026 and possession granted to the landlord, [suppressed].
- John Ager, Ana Michelle Barber, Ford Ager must immediately pay [suppressed] the sum of $1,618.00 as calculated in the table below.
- The Bond Centre must pay [suppressed] the bond of $2,280 immediately.
Reasons
- The landlord attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- Where the rent is 21 days in arrears at the date the application is filed, the Tribunal must terminate the tenancy. See section 55(1)(a) Residential Tenancies Act 1986. 1 The order has been amended on 9 June 2026 to include the Bond refund order 4 which was inadvertently omitted from the original order.
- The property manager advised that two of the tenants had left the premises, and the remaining one, John Ager had got in a boarder. There has been no variation of the tenancy agreement and so all three tenants named in the tenancy agreement are liable for the rent. All three tenants were served with the notice of hearing.
- The rent summary showed that the rent is more than 21 days in arrears.
- The tenant has made some rent payments in the past three weeks plus $10.00 extra. At $10 a week, it would take about 7 years to repay the rent arrears. The Tribunal can grant a conditional termination order only if satisfied that the debt will be paid within a specified time and the tenant is unlikely to breach the obligation again.
- Because Mr Ager had paid some money in the last three weeks, I rang him to see if any other payment could be made to avoid termination. He advised that he had been talking to a friend who owed him money and that person was going to pay him at $250.00 a week.
- The landlord said that she did not think there was enough certainty in that arrangement proposed by the tenant. I agree. If there had been some payments already and a signed agreement from the debtor, I might have had some confidence. The grounds for granting a conditional termination order are not met.
- Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.