Published tribunal order
Tenancy Tribunal case 5517330 — Rent arrears at 53A Guthrie Street, Waterloo, Lower Hutt 5011
Decided 3 Sept 2026 · Published 3 Sept 2026 · Application 5517330
- Rent arrears
Order
- [The tenant/s] tenant/s] owes Seddon Street Property Management Limited $1,928.00 (“the debt”) being $1900.00 in rent arrears to 09/09/2026 and $28.00 for the application filing fee.
- [The tenant/s] tenant/s] must pay Seddon Street Property Management Limited $1300.00 on Wednesday 9 September 2026 and on Wednesday every fortnight thereafter being $1200.00 towards fortnightly rent in advance and $100.00 towards the debt in order 1 until the debt is paid in full.
- Payments will be allocated in the following order: rent, rent arrears, and then to 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 53A Guthrie Street, Waterloo, Lower Hutt 5011 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
- Both parties attended the 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. The applicant was open to this with a conditional clause.
- 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 has been in rent arrears since the week of the 14 th of January and the arrears have steadily increased due to irregular payments. The landlord issued a 14 days’ notice asking the tenant to remedy the breach on the third of February 2026 which has not been complied with. It would be inequitable to refuse to terminate the tenancy in these circumstances.
- 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.
- Because the applicant has been successful in their application I have awarded the filing fee.