Published tribunal order
Tenancy Tribunal case 5312620 — Rent arrears at Flat 8, 2 MacAulay Street, Johnsonville, Wellington 6037
Decided 8 Oct 2025 · Published 8 Oct 2025 · Application 5312620
- Rent arrears
Order
- [The tenant/s] owes Kāinga Ora – Homes and Communities $14,559.14 for rent arrears (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 238 weekly payments of $625.00, being $564.00 for rent and $61.00 for the debt. b. A final payment of $605.14, being $564.00 for rent and $41.14 for the debt. c.Payments will be every Wednesday, with the first payment on 08/10/2025 and continuing until 01/05/2030.
- Payments will be allocated in the following order: rent, rent arrears, .
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at Unit/Flat 8, 2 MacAulay Street, Johnsonville, Wellington 6037 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately. DescriptionLandlord Rent arrears to the end of 8/10/25$14,559.14 Total amount$14,559.14
Reasons
- The hearing was conducted remotely on Microsoft Teams by telephone.
- Stephanie Smith attended the hearing for the landlord. The tenant attended for herself.
- The landlord has applied for conditional termination of the tenancy for rent arrears and has provided rent records that prove the arrears to the end of today are as set out in the table above.
- The tenant wants to repay the debt and avoid termination. She is agreeable to a conditional termination order.
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 under section 55(1)(a) and (1A) of the Residential Tenancies Act 1986.
- Given the landlord seeks only a conditional termination order and the tenant agrees with the terms sought for the conditional termination order, the Tribunal orders a conditional order by consent in the terms agreed.
- 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 purchases pursuant to s 64(4)(b) of the Act.