Published tribunal order
Tenancy Tribunal case 5492489 — Rent arrears at 1C Kupe Place, Tokoroa 3420
Decided 7 May 2026 · Published 7 May 2026 · Application 5492489
- Rent arrears
Order
- [The tenant/s] owes Property Brokers Limited As Agent For Sang Thanh Nguyen $848.00 (“the debt”) being rent arrears of $820.00 to 13 May 2026, and filing fee of $28.00.
- [The tenant/s] must the debt in full by 5.00pm on Wednesday 13 May 2026.
- Payments will be allocated in the following order: rent arrears, and the filing fee.
- If [The tenant/s] fails to pay the rent arrears within 2 working days of the due date: a. The tenancy at 1C Kupe Place, Tokoroa 3420 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/s] fails to pay the filing fee within 2 working days of the due date, the filing fee 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. They are open to a conditional order to give the tenant a final chance to get back on track.
- The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days, and establish that the tenant has failed to do so. See section 56(1) Residential Tenancies Act 1986.
- The tenant breached their obligations by failing to pay rent as and when it fall due. On 19 March 2026, the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period. It would be inequitable to refuse to terminate the tenancy.
- Despite my finding that it would be inequitable to refuse to terminate the tenancy, having heard the evidence I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further breach. I have granted a conditional termination. See section 78(3) Residential Tenancies Act 1986.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- Because Property Brokers Limited As Agent For Sang Thanh Nguyen has wholly succeeded with the claim, the tenant must reimburse the filing fee.