Published tribunal order
Tenancy Tribunal case 5334914 — Rent arrears at Unit/Flat Flat 18, 45 Rockfield Road, Ellerslie, Auckland
Decided 15 Oct 2025 · Published 15 Oct 2025 · Application 5334914
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $664.26 (“the debt”), being rent arrears to Friday 24 October 2025.
- [The tenant/s] must pay rent and the debt by fortnightly payments of $485.00, being $440.00 for rent and $45.00 for the debt. Payments will commence on Saturday 25 October 2025 and continue every second Saturday thereafter until the debt is paid.
- Payments will be allocated in the following order: rent and 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 Unit/Flat Flat 18, 45 Rockfield Road, Ellerslie, Auckland 1061 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, conducted via teleconference.
- The landlord has applied for termination of the tenancy and rent arrears.
- The tenant wants to repay the debt to avoid immediate termination. An informal repayment plan has already been established and this order adopts the same payment terms as in place now.
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.