Published tribunal order
Tenancy Tribunal case 5327120 — Rent arrears
Decided 16 Oct 2025 · Published 16 Oct 2025 · Application 5327120
- 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 name and identifying details and tenancy address.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $2,104.00 (“the debt”) which is rent arrears calculated to 13 October 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 25 fortnightly payments of $730.00, being $648.00 for rent and $82.00 for the debt. b. A final payment of $702.00, being $648.00 for rent and $54.00 for the debt. c. Payments will be every other Thursday, with the first payment on 09/10/2025 and continuing until 24/09/2026.
- 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 [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
- The landlord attended the hearing by telephone on 8 October 2025. I telephoned the tenant, but the phone went to voicemail.
- The tenant has been emailed notice of the hearing date and time. She did contact Tenancy Services two days before the hearing to ask if it could be postponed but has not supplied evidence to prove the reason for this.
- I decided to continue with the hearing because the landlord is seeking an order to confirm a payment arrangement that has already been agreed with the tenant and which she is mostly complying with. Payments must be made on time or the tenancy will terminate immediately
- The landlord has applied for immediate termination of the tenancy if the tenant does not follow the agreed payment plan.
- Rent was at least 21 days behind on the date the application was filed. The law says the Tribunal must make either an immediate termination order or an order for repayment but with termination of the tenancy if any payment is missed or late (a “conditional termination” order); see section 55(1)(a) and (1A) Residential Tenancies Act 1986 (RTA).
- I agree to make this order because the tenant has mostly followed a payment plan and I am satisfied the tenant will pay the debt and is unlikely to commit any further relevant breach.
- If any fortnightly payment is more than 5 working days late, the landlord can immediately terminate the tenancy.
- The conditional termination order will finish 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.
- I order suppression of the tenant’s name on this occasion because the arrears mostly arose when the income-related rent increased after reassessment and the tenant has been mostly regular with repayment of the debt. Her interests outweigh the public interest. The landlord does not seek suppression.