Published tribunal order
Tenancy Tribunal case 5503683 — Rent arrears at 327 Great South Road, Otahuhu, Auckland 1062
Decided 22 Jul 2026 · Published 22 Jul 2026 · Application 5503683
- Rent arrears
Order
- [The party] and [The party] owe Upartner Property Limited as agent for David Liu $3,685.14 (“the debt”) s calculated in the table below.
- [The party] and [The party] must pay rent and the debt as follows: a. By 9 weekly payments of $1,200.00, being $800.00 for rent and $400.00 for the debt. b. A final payment of $885.14, being $800.00 for rent and $85.14 for the debt. c.Payments will be every Monday, with the first payment on 27/07/2026 and continuing until 28/09/2026.
- Payments will be allocated in the following order: rent, the debt.
- If the tenants fail to pay rent and the debt within 2 working days of the due dates: a. The tenancy at 327 Great South Road, Otahuhu, Auckland 1062 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately. DescriptionLandlord Rent arrears to 22 July 2026$3,200.00 Rent 23 to 26 July 2026$457.14 Filing fee reimbursement$28.00 Total debt$3,685.14
Reasons
- The hearing was conducted remotely on Microsoft Teams.
- Ms Zhang attended for the landlord by video link.
- Mr Temo attended for the tenants by telephone.
- Where rent is at least 21 days in arrears on the date the application was filed, and the landlord seeks a termination order, the Tribunal terminate the tenancy by virtue of s 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The landlord originally applied for termination of the tenancy, rent arrears and refund of the bond. However, because the tenants have already begun repaying the rent arrears, today Ms Zhang sought only a conditional termination order, and rent arrears by instalment.
- The tenants want to avoid immediate termination and consent to a conditional termination order.
- The Tribunal grants a conditional termination order in the terms the parties agreed.
- The conditional termination order will lapse if it is fully complied with. If the tenants breach the order, the possession order may be enforced for 90 days from the first breach in accordance with s 64(4)(b) Residential Tenancies Act 1986.
- The tenants must reimburse the landlord for the filing fee.