Published tribunal order
Tenancy Tribunal case 5507829 — Rent arrears at 35 Andrew Road, Howick, Auckland 2010
Decided 24 Jul 2026 · Published 24 Jul 2026 · Application 5507829
- Rent arrears
Order
- [The tenant/s] owes Tbt Property Management Limited As Agent For Jay Bajaj $1,188.00 (“the debt”) being rent arrears of $580.00, rent due today of $580.00 and reimbursement of the filing fee of $28.00.
- [The tenant/s] must pay the debt in full by 5 pm Tuesday 28 July 2026.
- Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due date: a. The tenancy at 35 Andrew Road, Howick, Auckland 2010 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 filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The landlord attended the video hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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 (RTA).
- The tenant has consistently been in rent arrears for almost all this year. The landlord has served notices on the tenant throughout this period. The arrears have exceeded 21-days for significant portions of the year and rose to arrears of 49-days at the start of this month. The landlord has made three applications to the Tribunal this year. The tenant’s rent remains in arrears and she is in breach of the terms of her tenancy agreement.
- Having considered the tenant’s history and the steps the landlord has consistently taken to try and manage the tenant’s continued breaches, the Tribunal has determined that it would be inequitable to refuse to terminate the tenancy. The tenant’s breaches have been persistent, significant and over a lengthy period. The arrears at times have significantly exceeded the amount of bond held. Termination in these circumstances is not a disproportionate response to the tenant’s repeated breaches.
- Despite finding that it would be inequitable to refuse to terminate the tenancy, the Tribunal is satisfied the tenant will pay the debt by the due date and is unlikely to commit any further breach. A conditional termination is granted. See section 78(3) RTA.
- 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) RTA.
- Because Tbt Property Management Limited As Agent For Jay Bajaj has wholly succeeded with its claim the filing fee is to be reimbursed.