Published tribunal order
Tenancy Tribunal case 5215171 — Rent arrears at Unit/Flat Unit 6, 175 Chapel Road, Flat Bush, Auckland
Decided 9 Sept 2025 · Published 9 Sept 2025 · Application 5215171
- Rent arrears
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
- [The tenant/s] owes The Salvation Army New Zealand Trust $6,306.14 (“the debt”) made up as follows: a. Rent arrears of $6,183.72 to 9 September 2025; b. Rent owing in advance (two days) of $95.42 to 11 September 2025; c. Reimbursement of the filing fee of $27.00.
- [The tenant/s] must pay the debt in one lump sum by 4pm on 23 September 2025.
- Payments will be allocated in the following order: rent, rent arrears, rent owing in advance and the filing fee.
- If the tenant fails to pay the debt by 4pm on 23 September 2025: a. The tenancy at Unit/Flat Unit 6, 175 Chapel Road, Flat Bush, Auckland 2016 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The tenant must continue to pay rent as it falls due.
Reasons
- Both parties attended the hearing which was held by phone. The landlord was represented by Mr Sao-Ama.
- This is a social housing tenancy that began on 27 October 2023.
- 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.
- The landlord provided a rent summary showing that the tenant is in arrears in the amount of $6,183.72. Rent is $334 per week and is therefore approximately 135 days in arrears.
- The landlord seeks immediate termination. The landlord says that the tenant has agreed to payment arrangements in the past but has not kept to the arrangement. The landlord says that this claim was filed on 27 March 2025 and that the arrears are only increasing.
- The tenant says that he has stuck to payment arrangements in the past. He said that events outside his control have led to the current level of arrears.
- The tenant said that he has proactively approached WINZ and has an urgent meeting discuss assistance with his rent arrears. He said that he is currently receiving ACC. He would like a portion of his ACC payments to go directly to his landlord going forward as requested by WINZ but says that ACC will only make direct payments to other government agencies. He explained however that WINZ will likely require a direct debit arranged with his landlord.
- Mr Sao-Ama explained that the landlord does not enter into direct debit payment arrangements with tenants directly but is able to accept payments directly from WINZ or that tenants are able to set up automatic payments at their end.
- I was not provided with any evidence regarding past payment arrangements so am not able to consider what might have been agreed or whether that arrangement has been complied with. However I have been able to review the landlord’s rent summary which does show some additional payments made by the tenant for various periods of time although this does appear to be fairly sporadic and rent arrears have continued to increase.
- I accept that the tenant has taken urgent steps to meet with WINZ to make arrangements for payment of the arrears and has already discussed what will likely be required in some detail. In the circumstances I am satisfied that the tenant will pay the debt on 23 September 2025 and will not commit any further relevant breach.
- I have granted the conditional termination order on the basis that the rent arrears are paid in one lump sum. I have allowed two weeks for payment, which is a fairly long timeframe in the circumstances, only because the tenant is currently dealing with a serious matter that requires his attention until at least 12 September 2025.
- 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 The Salvation Army New Zealand Trust has substantially succeeded with the claim (having obtained an order for conditional termination) I have reimbursed the filing fee.
- The tenant must continue to pay rent as it falls due. There was some discussion at the hearing about what arrangements can be put in place to ensure rent payments continue to be made. It may be that Mr Sao-Ama is able to liaise directly with the tenant’s contact at WINZ to discuss how this might occur.
- The tenant was open about his current difficulties in the hearing today. Having considered the matter carefully I have exercised my discretion under section 95A(4) RTA to suppress the tenant’s name 1 .