Published tribunal order
Tenancy Tribunal case 5291920 — Rent arrears at [Tenancy Address]
Decided 6 Feb 2026 · Published 6 Feb 2026 · Application 5291920
- 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 $1,108.28 (“the debt”), being rent owing to 1 September 2025.
- [The tenant/s] must pay Kāinga Ora–Homes And Communities, each week, a total equal to current rent plus $50.00 towards the debt as follows: a. By payments of $176.00, being the current rent of $126.00 and $50.00 for the debt. b. Payments will be every Wednesday, with the first payment on 27/08/2025 and will continue until the debt is paid in full. c. If the rent amount changes during the term of this order, the tenant must continue to pay the then-current rent plus $50.00 per week toward the debt until the arrears are cleared.
- Payments will be allocated in the following order: rent and rent arrears.
- If [The tenant/s] fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at [Tenancy Address] 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 and rent arrears. 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 (“RTA”).
- The tenant accepts the arrears. She explained the arrears arose following a change in her personal and financial circumstances. She wishes to retain her home, agrees a sustainable repayment plan is necessary, and expressly consents to a conditional termination order requiring payment of current rent plus $50.00 per week toward the arrears, beginning immediately, on the landlord’s proposed terms, ordered above.
- 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) RTA.
- Finally, the landlord does not seek name suppression. Given this outcome is essentially by consent, and the tenant has accepted responsibility and entered a good-faith plan to preserve her housing, I consider it appropriate in the interests of justice to order suppression of the tenant’s name and identifying details under section 95A RTA. There is no countervailing public interest in publication that would outweigh suppression in these circumstances.