Published tribunal order
Tenancy Tribunal case 5267100 — Rent arrears
Decided 15 Dec 2025 · Published 15 Dec 2025 · Application 5267100
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the Tenant’s name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $1,795.00 (“the debt”), being rent arrears to 24 July 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 44 weekly payments of $130.00, being $90.00 for rent and $40.00 for the debt. b. A final payment of $125.00, being $90.00 for rent and $35.00 for the debt. c. Payments will be every Friday, with the first payment on 25/07/2025 and continuing until 29/05/2026.
- Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at [Tenancy address suppressed] 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 teleconference.
- 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 submitted that the tenant had failed to meet her rent obligations but did not seek an immediate termination if an acceptable arrangement could be made.
- The tenant acknowledged the rent arrears and explained that she has been under financial strain and had not been able to work since January. She advised that she has worked with Work and Income to arrange a payment plan to address the arrears while continuing to pay current rent. This arrangement has been in place for three weeks.
- The tenant’s rent has recently been reassessed and reduced to $90 per week. Both parties agreed to a conditional arrangement whereby the tenant will pay $90 per week for current rent plus $40 per week towards arrears.
- The landlord consented to a conditional order giving the tenant an opportunity to remedy the breach.
- 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.
- The landlord does not seek suppression. However, because this order records an agreed arrangement and to avoid undue hardship, suppression of the tenant’s name and identifying details is appropriate.