Published tribunal order
Tenancy Tribunal case 5243313 — Rent arrears at 46 Darnell Crescent, Clover Park, Auckland 2019
Decided 16 Jul 2025 · Published 16 Jul 2025 · Application 5243313
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Leleinga Tavake Oneone owes Kāinga Ora–Homes And Communities $8,266.71 (“the debt”), being rent arrears to 16 July 2025.
- Leleinga Tavake Oneone must pay rent and the debt as follows: a. By 41 weekly payments of $800.00, being $599.00 for rent and $201.00 for the debt. b. A final payment of $624.71, being $599.00 for rent and $25.71 for the debt. c. Payments will be every Thursday, with the first payment on 17/07/2025 and continuing until 30/04/2026 or the debt is paid in full.
- Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within five working days of the due dates: a. The tenancy at 46 Darnell Crescent, Clover Park, Auckland 2019 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.
- The landlord has applied for termination of the tenancy and rent arrears.
- 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. This conclusion was not obvious and only reached after hearing from the tenant and considering the support of the landlord for such an order. For this tenancy to continue there will have to be a long-term improvement in rent payment. The tenant understands the consequences if they fail. 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.