What was Tenancy Tribunal case 5337164 about?

The tribunal order states: [The tenant/s] and [The tenant/s] owes Kāinga Ora–Homes And Communities $5,699.29

How much money was awarded in case 5337164?

Rent Arrears: $5,699.29 awarded to landlord

What type of tenancy dispute was case 5337164?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5337164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12573022-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5337164 about?

The tribunal order states: [The tenant/s] and [The tenant/s] owes Kāinga Ora–Homes And Communities $5,699.29

How much money was awarded in case 5337164?

Rent Arrears: $5,699.29 awarded to landlord

What type of tenancy dispute was case 5337164?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5337164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12573022-Tenancy_Tribunal_Order.pdf.

96 Lauderdale Road, Birkdale, Auckland 0626 Tenancy Tribunal Case 5337164 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5337164 — net $5,699.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 16 October 2025	$5,699.29	Rent arrears (to 16 October 2025
Net award	$5,699.29
Total payable by Tenant to Landlord	$5,699.29

[The tenant/s] and [The tenant/s] owes Kāinga Ora–Homes And Communities $5,699.29 (“the debt”) as set out in the table below:

[The tenant/s] and [The tenant/s] must pay rent and the debt as follows: a. By 189 weekly payments of $285.00, being $255.00 for rent and $30.00 for the debt. b. A final payment of $284.29, being $255.00 for rent and $29.29 for the debt. c. Payments will be every Tuesday, with the first payment on Tuesday 21 October 2025 and continuing until the debt is paid in full.

Payments will be allocated in the following order: rent and then rent arrears.

If the tenant fails to pay rent and rent arrears within five working days of the due dates:

When the debt has been paid in full the conditional termination order will lapse

Reasons

The Tribunal heard an application from the landlord seeking termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

The hearing proceeded by way of telephone conference. Ms Leota, Tribunal Adviser, appeared for the landlord. Mrs Aso appeared for both tenants.

The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).

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 Act.

The landlord provided up to date rent records which prove the amount owed. The tenant was at least 21 days in rent arrears when the application was filed.

At the date of hearing the tenant’s rent debt totalled $5,699.29.

The tenant took no issue with the rent records.

There is sufficient evidence to order termination of the tenancy for rent arrears. However, at today’s hearing the parties agreed to a conditional termination of the tenancy. The landlord wants the rent and rent arrears paid and the tenant wants to repay the debt to avoid immediate termination.

Section 55(1A) of the Act states that the Tribunal may refuse making a final termination order for non-payment of rent under section 55(1) if, and only if, it is satisfied that the tenant will pay any rent arrears within the period specified by the Tribunal, and going forward is unlikely to commit any further breaches for rent arrears.

The tenant told the Tribunal that her husband stopped working in December 2024 and they have been relying solely on her income to meet the families’ outgoings. The tenant said that they successfully applied for an income related rent assessment, which resulted in their rent being reduced. However, Work and Income New Zealand have declined to assist them with their rent arrears.

The tenant told the Tribunal that she will arrange an automatic payment to be set up to pay her rent and arrears and agreed to work with one of Kainga Ora’s Housing Support Managers to help maintain their tenancy. The tenant stated that they will prioritise their rent payments and understood the consequences of breaching the terms of a conditional termination order.

By a narrow margin, the Tribunal is satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. In this case the parties have agreed a payment plan. The parties have agreed the tenants will make weekly payments of $285.00, being $255.00 for rent and $30.00 for the debt with the first payment to be made on Tuesday 21 October 2025 and continuing until the debt is paid in full.

The tenancy is to continue on the condition that the tenant complies with the agreed repayment plan in addition to meeting all ongoing rent obligations as they fall due. 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 Act.

The landlord did not seek reimbursement of the filing fee.

Claims and awards in Tenancy Tribunal application 5337164 — net $5,699.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 16 October 2025	$5,699.29	Rent arrears (to 16 October 2025
Net award	$5,699.29
Total payable by Tenant to Landlord	$5,699.29

Order

[The tenant/s] and [The tenant/s] owes Kāinga Ora–Homes And Communities $5,699.29 (“the debt”) as set out in the table below:
[The tenant/s] and [The tenant/s] must pay rent and the debt as follows: a. By 189 weekly payments of $285.00, being $255.00 for rent and $30.00 for the debt. b. A final payment of $284.29, being $255.00 for rent and $29.29 for the debt. c. Payments will be every Tuesday, with the first payment on Tuesday 21 October 2025 and continuing until the debt is paid in full.
Payments will be allocated in the following order: rent and then rent arrears.
If the tenant fails to pay rent and rent arrears within five working days of the due dates:
When the debt has been paid in full the conditional termination order will lapse

Reasons

The Tribunal heard an application from the landlord seeking termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.
The hearing proceeded by way of telephone conference. Ms Leota, Tribunal Adviser, appeared for the landlord. Mrs Aso appeared for both tenants.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).

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 Act.
The landlord provided up to date rent records which prove the amount owed. The tenant was at least 21 days in rent arrears when the application was filed.
At the date of hearing the tenant’s rent debt totalled $5,699.29.
The tenant took no issue with the rent records.
There is sufficient evidence to order termination of the tenancy for rent arrears. However, at today’s hearing the parties agreed to a conditional termination of the tenancy. The landlord wants the rent and rent arrears paid and the tenant wants to repay the debt to avoid immediate termination.
Section 55(1A) of the Act states that the Tribunal may refuse making a final termination order for non-payment of rent under section 55(1) if, and only if, it is satisfied that the tenant will pay any rent arrears within the period specified by the Tribunal, and going forward is unlikely to commit any further breaches for rent arrears.
The tenant told the Tribunal that her husband stopped working in December 2024 and they have been relying solely on her income to meet the families’ outgoings. The tenant said that they successfully applied for an income related rent assessment, which resulted in their rent being reduced. However, Work and Income New Zealand have declined to assist them with their rent arrears.
The tenant told the Tribunal that she will arrange an automatic payment to be set up to pay her rent and arrears and agreed to work with one of Kainga Ora’s Housing Support Managers to help maintain their tenancy. The tenant stated that they will prioritise their rent payments and understood the consequences of breaching the terms of a conditional termination order.
By a narrow margin, the Tribunal is satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. In this case the parties have agreed a payment plan. The parties have agreed the tenants will make weekly payments of $285.00, being $255.00 for rent and $30.00 for the debt with the first payment to be made on Tuesday 21 October 2025 and continuing until the debt is paid in full.
The tenancy is to continue on the condition that the tenant complies with the agreed repayment plan in addition to meeting all ongoing rent obligations as they fall due. 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 Act.
The landlord did not seek reimbursement of the filing fee.

Tenancy Tribunal case 5337164 — Rent arrears at 96 Lauderdale Road, Birkdale, Auckland 0626

At a glance

Tenancy Tribunal case 5337164 — Rent arrears at 96 Lauderdale Road, Birkdale, Auckland 0626

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions