Published tribunal order
Tenancy Tribunal case 5318104 — Rent arrears at 21 Marybank Mews, Highbury, Palmerston North 4412
Decided 19 Sept 2025 · Published 19 Sept 2025 · Application 5318104
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Kāinga Ora–Homes And Communities $1,533.00 (“the debt”).
- [The tenant/s] tenant/s] must pay rent and the debt as follows: a. By 76 weekly payments of $150.00, being $130.00 for rent and $20.00 for the debt. b. A final payment of $143.00, being $130.00 for rent and $13.00 for the debt. c. Payments will be every Thursday, with the first payment on 25 September 2025 and continuing until the debt is repaid.
- 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 Marybank Mews, Highbury, Palmerston North 4412 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- Request for name suppression declined, jurisdiction made out, threshold not met.
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.
- Name suppression: I sympathise with the Tenant who has experienced signficant personal loss, but I have no evidence explaining non-payment of rent.