Published tribunal order
Tenancy Tribunal case 5273699 — Rent arrears
Decided 26 Jun 2025 · Published 26 Jun 2025 · Application 5273699
- 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 Kāinga Ora–Homes And Communities $1,940.29 (“the debt”) (to 26 June 2025) as calculated below:
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments commencing on Friday 27 June 2025 of $366.00, being $318.00 for rent and $48.00 for the debt. b. If the rent changes the tenant must continue paying the current rent plus the agreed payment towards the rent arrears ($48.00). c. Payments will be allocated in the following order: rent then rent arrears. d. If the tenant fails to pay rent and rent arrears within five 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.
- When the debt has been paid in full the conditional termination order will lapse.
Reasons
- The hearing proceeded by way of telephone conference. Mr Temu, Senior Tribunal Advisor, appeared for the landlord. The tenant appeared.
- The tenancy commenced on 26 June 2024 and is periodic.
- On 27 May 2025, the landlord filed an application seeking termination of the tenancy and rent arrears. The landlord relied on the following grounds: a. The rent was at least 21 days in arrears at the file the application was filed, section 55(1) of the Residential Tenancy Act 1986 (the “Act”).
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 has provided up to date rent records which proved the amount owed. The tenant was at least 21 days in arrears when the application was filed.
- The landlord confirmed at the date of hearing the tenant’s arrears total $1940.29. The tenant was surprised by the amount owed but took no issue with the records.
- There is sufficient evidence to order termination of the tenancy for rent arrears. However, at today’s hearing the parties agreed to a conditional termination of the tenancy. The landlord wants the rent and rent arrears paid and the tenant wants to repay the debt to avoid immediate termination.
- Section 55(1A) of the Act states that the Tribunal may refuse making a final termination order for non-payment of rent under section 55(1) if, and only if, it is satisfied that the tenant will pay any rent arrears within the period specified by the Tribunal, and going forward is unlikely to commit any further breaches for rent arrears. The landlord advised that the tenant has on two previous occasions fallen into rent arrears, which have been cleared with support 1 . The tenant accepts this. The tenant stated that he prioritised repaying a significant personal debt (which has now been cleared) over his rent, and this was the reason for the arrears. The tenant stated that he is now engaged with community support, has a telephone and is in receipt of ACC payments. The tenant said, and the landlord accepts, that for the past seven weeks he has been paying his rent plus an extra amount of money (usually $82.00) towards his arrears. 1 Kainga-Ora Home and Communities v Jamie Timothy Charles Henare Nuku Rupene-Ryan [2024] NZTT 5025310 – previous conditional termination order for rent arrears accrued to 28 October 2024.
- In this case the landlord and tenant consented to the following payment plan. The tenant will make weekly payments of $366.00, being $318.00 for rent and $48.00 for the debt. Payments are to be made every Friday commencing Friday 27 June 2025.
- The tenant has indicated a willingness to make further additional payments towards the debt when in a financial position to do so.
- I am satisfied the tenant will pay the debt specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- The tenancy is to continue on the condition that the tenant complies with the agreed repayment plan in addition to meeting all ongoing rent obligations as they fall due. 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. Name Suppression
- While the landlord has not sought a suppression order under s95A of the Act, I consider that this matter is resolved by agreement between the parties and amounts to a consent order. In the interests of fairness and privacy, and given the tenant’s willingness to resolve the matter, I consider it reasonable that the tenant’s name and identifying detailed be suppressed.