Published tribunal order
Tenancy Tribunal case 5275960 — Rent arrears
Decided 15 Dec 2025 · Published 15 Dec 2025 · Application 5275960
- 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 $16,028.00 (“the debt”), being rent arrears to 22 July 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By payment of normal weekly rent of $549.00 by Friday 18 July 2025, and; b. By weekly payment of $16,028.00, being $0.00 for rent and $16,028.00 for the debt. Payments will be every, with the first payment on Friday 25 July 2025 and continuing until the debt is paid in full.
- Payments will be allocated in the following order: rent and 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. Background
- The tenancy commenced on 13 September 2023. The agreed weekly rent is $549, while the market rent for the property is $650. The tenant resides in the premises with her partner and their ten children. The property is a five-bedroom home.
- At the time the application was filed on 29 May 2025, the rent arrears stood at $14,385. By the date of the hearing, the arrears had increased to $16,028. The landlord has submitted that there have been repeated failures to pay rent since the commencement of the tenancy, despite ongoing support and interventions, including previous mediation and numerous discussions about payment obligations.
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 evidence establishes that the tenant is substantially in arrears, meeting the statutory threshold under section 55(1)(a). The arrears of $16,028 represent a significant and sustained breach of the tenant’s obligations under section 40(1)(a) of the RTA to pay rent as agreed. The landlord has made extensive attempts to work with the tenant and her partner to resolve the arrears, including previous mediation and multiple discussions about payment plans.
- The tenant explained during the hearing that she is not the primary income earner; her partner manages financial matters and is responsible for paying rent. However, these payments have often been late or insufficient. The tenant agreed to attempt compliance with a conditional order, stating that she hoped to work with her partner to commit to consistent payments. The landlord supported this as a final opportunity to maintain the tenancy, noting the effort made to sustain the arrangement and the hardship that eviction would cause for a family of this size.
- The tenant’s circumstances are compelling. She resides in the premises with her partner and ten children, and termination would likely result in severe hardship for the household. The tenant has agreed to the proposed payment arrangement. The landlord has indicated a willingness to give the tenant a final opportunity, provided the arrangement is formalised by Tribunal order.
- The Tribunal considers that the conditional termination mechanism under section 55(1A) provides an appropriate balance. It recognises the seriousness of the arrears and the landlord’s legitimate interest in being paid, while also affording the tenant one last opportunity to sustain the tenancy and avoid displacement of a large family. 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) RTA.
- The landlord does not seek name suppression. However, as this is effectively a consent arrangement and given the sensitivity of the circumstances, the Tribunal grants suppression of the tenant’s name and identifying details under section 95A of the RTA.