Published tribunal order
Tenancy Tribunal case 5334912 — Rent arrears at 78 O'Donnell Avenue, Wesley, Auckland 1041
Decided 10 Oct 2025 · Published 10 Oct 2025 · Application 5334912
- Rent arrears
Order
- The tenants, [The tenant/s] and [The tenant/s], owe the landlord, Kāinga Ora – Homes and Communities, a total of $1,037.00 in rent arrears as of 9 October 2025 (“the debt”).
- Until they fully repay the debt, the tenants must pay the landlord as follows: a. Weekly payments of $260.00, made up of: i. $234.00 for rent (unless varied), and ii. $26.00 towards the debt (unless otherwise agreed or ordered). b. Payments must be made every Wednesday, starting from 15 October 2025.
- If the tenants fail to pay either the rent or the debt within five working days of the due date, the: a. tenancy at 78 O'Donnell Avenue, Wesley, Auckland 1041 will end, and the landlord will be entitled to immediate possession of the property; and b. remaining balance of the debt will become immediately payable, and the landlord may seek enforcement through the District Court.
Reasons
- All parties attended the hearing.
- The landlord applied for rent arrears and conditional termination of the tenancy. The tenants wish to continue the tenancy and are willing to keep repaying the arrears.
How much rent is owed?
- The landlord provided rent records confirming the outstanding amount.
- The tenants did not dispute the debt. Although they are experiencing financial hardship, they began making additional weekly payments of $26.00 toward the arrears approximately one month ago. The landlord accepts this arrangement. The tenants expressed appreciation for the opportunity to repay the debt.
- The tenants advised that WINZ may be able to provide support with the arrears, depending on the outcome of a current rent review.
- Given the length of time it will take to clear the arrears, the landlord requests that payments continue at the current rate regardless of the outcome of the rent review. The tenants did not seek to reduce the payments.
Should a conditional termination order be made?
- The landlord filed the application on 27 August 2025, when the arrears were $1,153.00, or approximately 34 days overdue.
- Under sections 55(1)(a) and 55(1A) of the Residential Tenancies Act 1986, the Tribunal must make either a final or conditional termination order if rent is at least 21 days in arrears at the time the application is made.
- Based on the current payment arrangement and the information provided, the Tribunal is satisfied that the tenants are likely to comply with the current repayment plan and are unlikely to commit further breaches. A conditional termination order is therefore appropriate.
- This order will lapse if the tenants comply with it in full. However, if the tenants breach the order, the landlord may enforce the possession order within 90 days of the breach. See section 64(4)(b) of the Act..
Are any other orders required?
- In accordance with its usual practice, the landlord does not seek reimbursement of the Tribunal filing fee under section 102(4) of the Act. The landlord also does not oppose name suppression, to avoid any disadvantage to the tenants in future rental applications.
- However, as the tenants did not apply for name suppression, no grounds were advanced, and the Tribunal is unable to grant suppression under section 95A of the Act.