Published tribunal order
Tenancy Tribunal case 5554219 — Rent arrears at Room A, Unit/Flat 5, 5 Ford Street, Hamilton East, Hamilton
Decided 19 Aug 2026 · Published 19 Aug 2026 · Application 5554219
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Online Rentals Limited As Agent For Oliver Mcleod And [The tenant/s] landlord/s] $1,774.71 (“the debt”), being $1,745.71 for rent arrears to 23 August 2026 and the filing fee of $29.00.
- [The tenant/s] tenant/s] must pay rent and the debt as follows: a. By one payment of $1,774.71 for the debt in full, by Friday 21 August 2026. b. By paying $260.00 for rent weekly, with the next rent payment due on 24 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 Room A, Unit/Flat 5, 5 Ford Street, Hamilton East, Hamilton 3216 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
- Ms Bish, representing the landlord, and Mr Chandra, the tenant, both attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears, refund of the bond and reimbursement of the filing fee. The tenant wants to repay the debt to avoid immediate termination.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The tenant said he paid $1,820.00, just over the full amount owing in rent arrears on the morning of the hearing on 19 August 2026. He provided a screenshot of payment to the property manager, who said the payment had not yet cleared into their account. Both parties agreed to the making of a conditional termination order in the circumstances. The tenant said there had been a hiccup in rent payments as he changed banks, and his Study link grant stopped. He said this has now been sorted out.
- 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. Filing fee
- Because Online Rentals Limited As Agent For Oliver Mcleod And [The tenant/s] landlord/s] has wholly succeeded with the claim I must reimburse the filing fee.