Published tribunal order
Tenancy Tribunal case 5288319 — Rent arrears at Unit/Flat Flat 1, 3 Riserra Drive, Ranui, Auckland 0612
Decided 10 Oct 2025 · Published 10 Oct 2025 · Application 5288319
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- The tenant’s name and identifying details are suppressed.
- The tenant owes Kāinga Ora–Homes and Communities the sum of $2,958.00 (referred to as “the debt”).
- The tenant is required to pay both ongoing rent and the outstanding debt as follows: a. 87 weekly payments of $250.00, consisting of $216.00 for rent and $34.00 towards the debt. b. Payments must be made every Wednesday, beginning on 30 July 2025, and continuing until 31 March 2027.
- Payments will be applied in the following priority: current rent, followed by rent arrears.
- If the tenant fails to make any rent or rent arrears payment within five working days of its due date: a. The tenancy at Flat 1, 3 Riserra Drive, Ranui, Auckland 0612 will be terminated, and the landlord will be entitled to immediate possession of the property. b. The remaining balance of the debt will become immediately due and payable.
Reasons
- Both parties attended the hearing.
- The landlord sought rent arrears and conditional termination of the tenancy. The tenant wants to repay the debt to avoid immediate termination.
- The landlord sought suppression for the tenant and is granted accordingly.
Should a conditional termination order be made?
- The landlord submitted rent records verifying the amount of arrears.
- Under section 55(1)(a) and 55(1A) of the Residential Tenancies Act 1986, if rent is more than 21 days in arrears when the application is filed, the Tribunal must issue either a final or conditional termination order.
- An attachment order with the Ministry of Social Development (MSD) is already in place to cover arrears from the tenant’s benefit. The tenant is currently meeting rent payments with reasonable consistency. The landlord seeks to formalise this arrangement through a Tribunal order, which the tenant is encouraged to share with MSD.
- I am satisfied that the tenant is likely to repay the debt within the specified timeframe and unlikely to commit further breaches. A conditional termination order is therefore granted.
- The conditional termination order will be cancelled if fully complied with. If the tenant breaches the order, the possession order may be enforced within 90 days of the first breach, pursuant to section 64(4)(b) of the Residential Tenancies Act 1986.