Published tribunal order
Tenancy Tribunal case 5317120 — Rent arrears at 12 Tutuki Street, Waterview, Auckland 1026
Decided 26 Sept 2025 · Published 26 Sept 2025 · Application 5317120
- Rent arrears
Order
- [The tenant/s] owes Kāinga Ora–Homes and Communities a total of $1,781.00 in rent arrears as of 24 September 2025 (“the debt”).
- [The tenant/s] must pay ongoing rent and the debt as follows: a. Weekly payments of $600.00, consisting of $594.00 towards current rent and a minimum of $6.00 towards the debt. b. Payments must be received by each Wednesday, with the first payment due by 1 October 2025.
- If the tenant fails to make rent or debt payments within five working days of the due date: a. The tenancy at 12 Tutuki Street, Waterview, Auckland 1026 will terminate, and the landlord will be entitled to immediate possession of the premises. b. The outstanding balance of the debt will become immediately payable.
Reasons
- Both parties attended the hearing.
- The landlord applied for a conditional termination of the tenancy and recovery of rent arrears. The tenant sought an opportunity to repay the debt to avoid immediate termination.
How much rent is owed?
- The tenant did not dispute the amount of arrears claimed.
- The landlord provided rent records supporting the debt, and the Tribunal makes orders accordingly.
Should a conditional termination order be made?
- Since the rent was more than 21 days in arrears at the time the landlord’s application was filed, the Tribunal is required to issue either a final or conditional termination order under sections 55(1)(a) and 55(1A) of the Residential Tenancies Act 1986.
- The tenant accepted responsibility for the arrears and explained the difficult personal circumstances that contributed to the debt. The landlord did not dispute this, and the Tribunal accepts the explanation.
- The tenant is actively working with a housing manager and a budgeting advisor. She continues to work while caring for her children, is exploring support options through WINZ, has arranged automatic payments, and shown consistent and improved communication with the landlord.
- The tenant made and continues to make genuine efforts to manage her financial situation and prevent further arrears, despite facing challenges beyond her control.
- The Tribunal is satisfied that the tenant is committed to repaying the debt and is unlikely to commit any further tenancy breach. A conditional termination order is therefore appropriate.
- The conditional termination order will lapse if fully complied with. If breached, the possession order may be enforced within 90 days of the first breach under section 64(4)(b) of the Residential Tenancies Act 1986.
Should orders for suppression and reimbursement of the filling fee be made?
- The landlord waived its right to recover the filing fee; therefore, no order is made regarding reimbursement.
- Although the landlord did not oppose name suppression if requested, and while the Tribunal acknowledges the tenant’s circumstances and efforts, the evidence presented does not meet the threshold for suppression. This decision is not intended to minimise or dismiss the tenant’s situation or her efforts to address, which the Tribunal acknowledges.