Published tribunal order
Tenancy Tribunal case 5438118 — Rent arrears at 38 Parnwell Street, Burwood, Christchurch 8083
Published 24 March 2026 · Application 5438118
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Bryleigh Mary Tangitamaine Symons owes Danielle Emily Hayne and Nicholas Alexander Ross Turner $8,132.25 (“the debt”), being rent arrears of $8,104.25 to 2 April 2026 and the filing fee of $28.00.
- Bryleigh Mary Tangitamaine Symons must pay rent and the debt as follows: a. By fortnightly payments of $1,250.00, being $1,150.00 for rent and $100.00 for the debt. b. Payments will be every other Friday, with the first payment on Friday 3 April 2026 and continuing every second Friday thereafter until the debt is paid.
- 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 38 Parnwell Street, Burwood, Christchurch 8083 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, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any call in to the conference by one of the telephone numbers provided on the Notice of Hearing. I was satisfied adequate service had completed and I continued with the hearing.
- The tenant had emailed the landlord prior to the hearing and proposed a time payment. This was read out and discussed. The proposed terms were accepted by the landlord.
- 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?
- 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.
- 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 Danielle Emily Hayne, Nicholas Alexander Ross Turner has wholly succeeded with the claim I must reimburse the filing fee.