Published tribunal order
Tenancy Tribunal case 5488050 — Rent arrears at 9 Mawhitiwhiti Road, Normanby, Hawera 4614
Decided 16 Jun 2026 · Published 16 Jun 2026 · Application 5488050
- Rent arrears
Order
- [The tenant/s] owes McDonald Real Estate Limited as agent for Kala Roberts $525.00 being rent arrears to 16 June 2026 (“the debt”).
- [The tenant/s] must pay the debt as follows: a. By a payment of $525.00 by 5.00pm today 16 June 2026.
- If the tenant fails to pay the rent arrears of $525.00 by 5.00pm today: a) The tenancy at 9 Mawhitiwhiti Road, Normanby, Hawera 4614 will terminate and the landlord will have immediate possession of the premises. b) The balance of the debt will be payable immediately.
- The tenant must pay the landlord’s filing fee of $28.00 immediately. A failure to pay the filing fee will not trigger the termination clause in order 3(a) above but will be a debt due that can be enforced as a money order.
- By declaration the Tribunal reminds the tenant that a failure to pay rent in full on time is a breach of the tenancy agreement and of the Residential Tenancies Act 1986. Any future breaches of this kind will almost certainly result in the termination of the tenancy on application by the landlord.
Reasons
- Both parties attended the hearing which I conducted by phone.
- 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.
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 1 .
- I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach 2 .
- The tenant gave evidence that he has already paid the rent arrears outstanding. If so, this order will lapse. The Tribunal cannot make a conditional order based on future payments of rent because that is a tenant’s statutory responsibility.
- I have issued a declaration to the tenant reminding him that rent must be paid in full and on time. Any future breaches of this kind will almost certainly mean that the tenancy is terminated on application by the landlord.
- The tenant must pay the landlord’s Tribunal filing fee of $28.00.