Published tribunal order
Tenancy Tribunal case 5310779 — Rent arrears at 21 Brook Street, Waiwhetu, Lower Hutt 5010
Decided 25 Aug 2025 · Published 25 Aug 2025 · Application 5310779
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Kāinga Ora–Homes And Communities $1,620.00 (“the debt”) being rent arrears for the week ending 27 August 2025.
- [The tenant/s] tenant/s] must pay rent and the debt as follows: a. By weekly payments of $350.00, being $330.00 for rent and $20.00 for the debt commencing on Thursday 28/08/2025 and continuing every Thursday on 04/09/2025, 11/09/2025, 18/09/2025 and 25/09/2025; b. By weekly payments of $360 being $330.00 for rent and $30.00 for the debt commencing on Thursday 02/10/2025 and continuing every Thursday thereafter until the debt is paid.
- 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 21 Brook Street, Waiwhetu, Lower Hutt 5010 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.
- 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.
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.