Published tribunal order
Tenancy Tribunal case 5497471 — Rent arrears
Decided 12 Aug 2026 · Published 12 Aug 2026 · Application 5497471
- Rent arrears
- 14-day notice
- Healthy homes
- Mould & damp
Party names are redacted in the official published order.
Order
will lapse at the start of the next hearing.
- The tenants are to file any cross claim, including the evidence in support of that cross claim, by no later than 5 pm 29 June 2026. Background
- The landlord has filed an application to terminate the tenancy due to rent arrears. It says that the tenants ([Tenant 2], [Tenant 3] and [Tenant 1]) owe $6,144.29 in unpaid rent. [Tenant 2] and [Tenant 3] agree that this rent has not been paid.
- Because the rent is in arrears by at least 21 days, ordinarily the Tribunal would make an order terminating the tenancy immediately 1 and grant possession of the premises to the landlord. I have decided to adjourn this matter and not to immediately terminate this tenancy because the tenants have belatedly raised a series of issues, which may amount to an equitable set off. Among other things, the tenants say: (a)The landlord has not agreed to remove [Tenant 1] from the tenancy agreement. As I understand it, the tenants say that this has meant that they have not been able to find another tenant, or otherwise make arrangements to pay the full rent. (b)There are maintenance issues with the premises, including mould, electrical, flooring and heating issues that the landlord has not adequately addressed. Obligation to continue to pay rent and conditional termination if that obligation is breached
- The tenants accept that there is a significant level of unpaid rent and, as explained to them during the hearing, they have joint and several liability for all the rent. That means that they are each personally responsible for the payment of all the rent. It is no defence to say that each paid their share. Each of the tenants are personally liable to the Landlord for all the rent, irrespective of any agreement they have between themselves for the payment of rent.
- The landlord filed this application more than seven weeks ago. The claimed unpaid rent has increased significantly since then. The tenants did not raise with the Tribunal any defence to the landlord’s claim, or any equitable set off or cross claim of their own, until the day before the hearing.
- Given the extent of the unpaid rent and the lateness of the tenants’ claim of set off and cross claim, my decision to not immediately terminate the tenancy and instead adjourn this claim to enable the tenants to present their equitable set off and cross claim was contingent upon the tenants paying the full rent of $690 per week as it falls due.
- If the tenants fail to pay any rent due from today’s date until the date of the next hearing within three working days of the due date, I order that the tenancy will 1 Residential Tenancies Act 1986, section 55(1)(a). terminate immediately, and possession of the premises is granted to the landlord. If that occurs, the Tribunal will still consider the balance of the parties’ claims.
- This requirement to pay the rent and the conditional termination order fairly strike the balance between the parties’ interests. On one hand, provided they pay the rent, the tenants remain in the premises while this matter is being resolved. On the other, the landlord does not suffer any future potential loss due to unpaid rent accruing further. Name suppression
- This is an interim order only. Until this matter is finalised, I suppress the names and identifying details of all parties. B Carter 24 June 2026