Published tribunal order
Tenancy Tribunal case 5274722 — Rent arrears at Unit/Flat 7, 4 Cambourne Road, Papatoetoe, Auckland 2025
Decided 4 Aug 2025 · Published 4 Aug 2025 · Application 5274722
- Rent arrears
- 14-day notice
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 $946.00 (“the debt”) being rent arrears owing to 4 August 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 43 weekly payments of $110.00, being $88.00 for rent and $22.00 for the debt. b. A final payment of $88.00, being $88.00 for rent and $0.00 for the debt. c. Payments will be every Wednesday, with the first payment on 06/08/2025 and continuing until 03/06/2026.
- Payments will be allocated in the following order: rent, rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at Unit/Flat 7, 4 Cambourne Road, Papatoetoe, Auckland 2025 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- Alternatively, the tenant may pay the entire debt and if she does so the conditional termination order will lapse.
Reasons
- Both parties attended the hearing which was held by phone.
- The landlord has applied for termination of the tenancy as there are significant rent arrears.
- The tenant says that she is studying and has an appointment with StudyLink tomorrow to seek approval for funds to pay the arrears. If the tenant is able to obtain sufficient funds to pay the arrears she will do so, otherwise she would like to enter into an arrangement to pay an amount towards the arrears on a weekly basis.
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 a rent summary proving the amount owing.
- 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. Name suppression
- The tenant attended the hearing and these orders were made by consent after discussion and agreement between the parties.
- These orders are effectively mediated orders. I do not consider that there is any public interest in publication of the tenant’s name and so make a suppression order pursuant to section 95A Residential Tenancies Act 1986.
- The landlord did not seek an order for name suppression.