Published tribunal order
Tenancy Tribunal case 5241872 — Rent arrears at 473 Riddell Road, Glendowie, Auckland 1071
Decided 12 Jun 2025 · Published 12 Jun 2025 · Application 5241872
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Gregory Martin Olliver owes Crockers Property Management Limited $2,350.00 (“the debt”) being rent arrears.
- Gregory Martin Olliver must pay rent and the debt as follows: a. Current rent of $2,350.00 on 17 June 2025. b. Current rent of $2,350.00 on 24 June 2025. c. The debt of $2,350.00 on 24 June 2025.
- Payments will be allocated in the following order: current rent and then the debt.
- If the tenant fails to pay current rent and the debt within 2 working days of the due dates: a. The tenancy at 473 Riddell Road, Glendowie, Auckland 1071 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The landlord attended the hearing by video call.
- The tenant did not attend the video call. He was telephoned and an answering service responded and advised that the tenant was not available.
- The landlord has applied for termination of the tenancy and rent arrears.
- 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 breached their obligations by not paying the rent when it fell due. On 18 April 2024 the landlord served a 14-day notice on the tenant but the breach was not remedied within the required period.
- The tenant has consistently been at least one week in arrears for the last two months in a tenancy that started three months ago. The landlord has given the tenant a 14-day notice and provided evidence that he has texted the tenant on 11 and 17 April, 13, 15, 19, 20, 21, 29 and 30 May 2025 regarding the rent arrears. The landlord has established that there has been an established and persistent failure by the tenant to pay his rent when it is due. The continued breach has been intentional. Payment of the rent as and when it falls due is a fundamental obligation which the tenant has not met. It would therefore be inequitable to refuse to grant a termination of the tenancy.
- The landlord has requested a conditional termination order. The Tribunal is satisfied that it is appropriate that it make a conditional termination order under section 78(3) Residential Tenancies Act 1986 at the landlord’s request.
- This order will allow the tenant a period of nearly two weeks to pay his rent on the due dates and to clear the week’s arrears. If the tenant disregards this opportunity to remedy his persistent breach of the tenancy terms, then it is appropriate that the landlord be granted the ability to terminate the tenancy.
- 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.