Published tribunal order
Tenancy Tribunal case 5340442 — Rent arrears at 16A Edwin Freeman Place, Ranui, Auckland 0612
Decided 22 Oct 2025 · Published 22 Oct 2025 · Application 5340442
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $239.11 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 1 payment of $210.00, being $90.00 for rent and $120.00 for the debt on 4 November 2025, and b. A final payment of $209.11, being $90.00 for rent and $119.11 for the debt on 11 November 2025.
- Payments will be allocated in the following order: rent, rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 16A Edwin Freeman Place, Ranui, Auckland 0612 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 which was held by teleconference.
- Kāinga Ora–Homes And Communities has applied for termination of the tenancy and rent arrears.
- 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) Residential Tenancies Act 1986.
- The application was filed on 03 September 2025. On this date, the tenant owed $344.11 rent arrears. This is more than 21 days rent arrears. Since that date, rent arrears has reduced, and at today’s date, rent arrears stands at $239.11.
- 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.