Published tribunal order
Tenancy Tribunal case 5484726 — Rent arrears at 9A Freyberg Avenue, Papatoetoe, Auckland 2104
Decided 11 Jun 2026 · Published 11 Jun 2026 · Application 5484726
- Rent arrears
- 14-day notice
- Water Rates
Order
- [The tenant/s] owes [The landlord/s] $5,213.23 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 13 weekly payments of $1,080.00, being $680.00 for rent and $400.00 for the debt. b. A final payment of $693.23, being $680.00 for rent and $13.23 for the debt. c. Payments will be every Thursday, with the first payment on 18/06/2026 and continuing until 17/09/2026.
- Payments will be allocated in the following order: rent then the debt.
- If the tenant fails to pay rent and the debt repayments within 2 working days of the due dates: a. The tenancy at 9A Freyberg Avenue, Papatoetoe, Auckland 2104 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing which was held by video conference.
- The landlord has applied for termination of the tenancy rent arrears and unpaid water rates. The tenant wants to repay the debt to avoid immediate termination.
- The landlord produced a rent summary and water rates invoices which prove $3,948.23 is owed of rent arrears and $1,265.00 is owed for unpaid water rates.
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 that she has recently returned to work, and she is now able to clear the debt at the rate set out in the Orders above. The landlord said she had received this amount of repayments from the tenant in each of the last three weeks.
- 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.