Published tribunal order
Tenancy Tribunal case 5300408 — Rent arrears at 802 Kowhai Street, Mahora, Hastings 4120
Decided 8 Oct 2025 · Published 8 Oct 2025 · Application 5300408
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Kāinga Ora–Homes And Communities $4,502.00, being rent arrears to 7 October 2025 (“the debt”).
- [The tenant/s] tenant/s] must pay rent and the debt as follows: a. By fortnightly payments of $428.00, being $378.00 per fortnight for current rent ($189.00 per week), and $50.00 per fortnight towards the debt, starting on Thursday 16 October 2025, continuing to be paid every second Thursday after that, until the debt is repaid in full.
- Payments will be allocated in the following order: rent then rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at 802 Kowhai Street, Mahora, Hastings 4120 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- This order replaces the Mediator’s order in application 4982549 dated 5 November 2024, sealed on 6 November 2024.
Reasons
- Ms Maturan-Abuid, representing the landlord, and Ms Wirihana, the tenant, both attended the teleconference hearing.
- The landlord has applied for termination of the tenancy and rent arrears and refund of the bond. An earlier hearing on 27 August 2025 was adjourned for the tenant to confirm whether her rent was to be reassessed at a different amount, whether the tenant was to have assistance to pay the rent by way of another occupant at the property, and for the landlord to provide an updated rent summary.
- The parties confirmed that the tenant’s rent had been reassessed by the Ministry of Social Development at a lower rate and that the tenant had commenced fortnightly payments of rent plus a small extra amount towards the debt. The tenant said the proposed occupant is no longer going to live with her at the property but that she can now afford the new rent rate on her own.
- The landlord said they would prefer that a conditional termination order is made and set out proposed terms on any such conditional termination order, to which the tenant agreed.
- The tenant wants to repay the debt to avoid immediate termination.
How much rent is owing?
- The landlord provided rent records which prove the amount owing in rent arrears to 7 October 2025 is $4,502.00.
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.
- 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. Previous Mediator’s Order
- This order replaces the Mediator’s order in application 4982549 dated 5 November 2024, sealed on 6 November 2024.