Published tribunal order
Tenancy Tribunal case 5497155 — Rent arrears at 33 Vanguard Road, Kelston, Auckland 0602
Decided 21 Jul 2026 · Published 21 Jul 2026 · Application 5497155
- Rent arrears
- 14-day notice
Order
- The tenant must make the following payments: a. $1,140.00 on Wednesday 22 July 2026, being rent of $745.00 and rent arrears of $395.00. b. $28.00 application filing fee on or before Friday 31 July 2026.
- If the tenant fails to make any payment within 2 working days of the due date, the balance of the rent arrears or application filing fee owing will be payable immediately and can be enforced through the District Court.
- Weekly rent of $745.00 will then be due every Wednesday thereafter from 29 July 2026.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
- 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. See section 56(1) Residential Tenancies Act 1986.
- 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.
- The tenant has breached their obligations by not paying rent as due. This is a result of different pay cycles and varying rent payments on a fortnightly basis.
- The landlord served a 14-day notice on the tenant on 15 April 2026, and the tenant did not remedy the breach within the required period.
- However, I consider it would be inequitable to terminate the tenancy because the issue is a recurring one due to some confusion and the tenants have committed to resolving the arrears and paying rent as due every week.
- Based on the agreement today, and as recorded in this order, the payment this week of $1,140.00 and then weekly rent as due thereafter will resolve the matter.
- There are water rates due. That will be addressed separately by the parties.
- Because [The landlord/s] And Portfolio Management Limited Acting As Agent For Vitality Holdings Ltd has wholly succeeded with the claim I must reimburse the filing fee.