Published tribunal order
Tenancy Tribunal case 5325465 — Rent arrears
Decided 9 Dec 2025 · Published 9 Dec 2025 · Application 5325465
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes and Communities $4,722.00 (“the debt”), being rent arrears to 9 October 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $210.00, being $162.00 for rent and $48.00 for the debt. b. Payments will be , with the next payment due on Wednesday 15 October 2025, and continuing until .
- Payments will be allocated in the following order: rent, and rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at [Tenancy address suppressed] 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, with Mr van Gent representing the landlord.
- The landlord has applied for termination of the tenancy and rent arrears. Rent records have been provided, and the landlord has confirmed that the records are correct. The landlord advises that the debt arose when the rent was increased to market rent ($608.00 per week), after the Ministry of Social Development (MSD) had requested information from the tenant, which was not received. This has since been revised to income-related rent of $162.00 per week following a meeting between the tenant, landlord and MSD.
- 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) of the Residential Tenancies Act 1986 (the RTA).
- At the request of the landlord, I have granted a conditional termination order. The landlord wishes to work with the tenant. The tenant agrees that she will pay the debt in accordance with the order, and is unlikely to commit any further relevant breach. Her evidence is that she has since been in touch with the landlord and MSD. She agrees to better communicate with both in future, and has provided her current email address.
- 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) of the RTA. Filing fee and name suppression
- While successful, the landlord does not seek the filing fee.
- The tenant is granted name suppression. In granting suppression for the tenant, the Tribunal has had regard to the interests of the parties, the public interest, and notes the landlord is supportive.