Published tribunal order
Tenancy Tribunal case 5500654 — Rent arrears at 72 Lawrence Crescent, Hillpark, Auckland 2102
Decided 4 Jun 2026 · Published 4 Jun 2026 · Application 5500654
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Reliable Rental Management Limited as agent for CMA Investments and Holdings Limited $3,875.00 comprising rent arrears to 4 June 2026 of $610.00, $3,237.00 for water rates and $28.00 for the Tribunal filing fee (“the debt”).
- [The tenant/s] tenant/s] must pay rent and the debt as follows: a. By weekly payments of $850.00, being $750.00 for rent and $100.00 for the debt. b. Payments will be every Tuesday , with the first payment on 9 June 2026 and continuing until the debt is paid in full.
- Payments will be allocated in the following order: rent, rent arrears, water rates, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 72 Lawrence Crescent, Hillpark, Auckland 2102 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 fails to pay the water rates and the filing fee within 2 working days of the due date, the amount outstanding for water rates and the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing which I conducted by phone.
- The landlord has applied for termination of the tenancy, rent arrears, water rates and refund of the bond. The tenant accepted the amounts owing for rent arrears and for water rates.
- 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 her obligations by failing to pay rent and outgoings (water rates) on time. 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.