Published tribunal order
Tenancy Tribunal case 5535977 — Rent arrears at 17 Te Kaapia Road, Papakura, Papakura 2110
Decided 31 Jul 2026 · Published 31 Jul 2026 · Application 5535977
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Gg Blue Enterprises Limited As Agent For Song Song $708.00 (“the debt”), being $680 rent owing up to 4 August 2026 plus the filing fee of $28.00.
- [The tenant/s] tenant/s] must pay rent the debt in full on or before 4 August 2026.
- Payments will be allocated in the following order: rent, rent arrears, 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 17 Te Kaapia Road, Papakura, Papakura 2110 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 hearing. There was no appearance for the tenant. A phone call to the tenant went to voicemail
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- Where the rent is at least 21 days in arrears on the date the application was filed, the Tribunal must order termination. See section 55(1)(a) Residential Tenancies Act 1986.
- The landlord provided rent records which prove the amount owing when the application was filed on 30 June was $2,370, which is more than 21 days in arrears.
- The rent summary also shows that the tenant continued to miss rent payments after the application was filed and by 21 July, he owed $4,410.00.
- However, over the last few days, the tenant has made two large payments and has almost cleared the arrears. He has not paid the current weekly rent, meaning that today, he is in arrears by $291.43. This means that he has not fully remedied the breach of his tenancy agreement.
- However, the landlord agrees to a conditional termination order. By 4 August, the tenant will owe $680 for the week 29 July to 4 August. He will be in arrears by one week. He must clear those arrears in order to avoid termination. He is reminded that he will need to pay a further $680 on 5 August.
- Based on the recent payments, I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- Because Gg Blue Enterprises Limited As Agent For Song Song has wholly succeeded with the claim I must reimburse the filing fee.