Published tribunal order
Tenancy Tribunal case 5315983 — Rent arrears at Flat 1, 422 Cuba Street, Alicetown, Lower Hutt 5010
Decided 11 Sept 2025 · Published 11 Sept 2025 · Application 5315983
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Kāinga Ora–Homes and Communities the sum of $1,142.00, being rent arrears up to and including 15 September 2025 ("the debt").
- [The tenant/s] tenant/s] is to pay ongoing rent and the debt as follows: a. By 57 weekly payments of $104.00, comprising $84.00 for rent and $20.00 towards the debt; b. Followed by a final payment of $86.00, comprising $84.00 for rent and $2.00 towards the debt; and c. Payments are to be made every Thursday, commencing 18 September 2025, and continuing until 22 October 2026.
- If the tenant fails to make any rent or arrears payment within five working days of the due date: a. The tenancy at Unit/Flat 1, 422 Cuba Street, Alicetown, Lower Hutt 5010 will be terminated, and the landlord may take immediate possession of the premises; and b. The outstanding balance of the debt will become immediately payable.
Reasons
- Both parties attended the hearing.
- The landlord applied for: a. Recovery of rent arrears; and b. A conditional termination of the tenancy.
- The tenant indicated a clear intention to repay the arrears to avoid immediate termination.
How much is owed?
- The landlord submitted rent records evidencing the arrears. The Tribunal is satisfied with the evidence provided and makes an order accordingly for $1,142.00.
Should a conditional termination order be made?
- Under section 55(1)(a) and 55(1A) of the Residential Tenancies Act 1986, where, as here, rent is more than 21 days in arrears at the time the application is filed, the Tribunal is required to make either a termination order that is final or conditional.
- The landlord confirmed that it had recent discussions with the tenant after obtaining her updated contact details. The tenant acknowledged the arrears and confirmed her ability and willingness to comply with a structured payment plan, covering both ongoing rent and arrears.
- Based on the tenant’s commitment and the landlord’s enquiries, the Tribunal is satisfied that the tenant will meet the payment terms within the timeframe specified and is unlikely to commit a further breach.
- A conditional termination order is therefore appropriate. This order will lapse if the tenant complies fully with the payment plan. If the tenant defaults on any payment, the possession order may be enforced within 90 days from the date of the first breach, in accordance with section 64(4)(b) of the Act.
Should the filing fee be reimbursed?
- Ordinarily if a party is wholly or substantially successful, it is entitled to seek reimbursement of the filing fee.
- The landlord however waives its right to do so and so reimbursement is not ordered.