Published tribunal order
Tenancy Tribunal case 5345743 — Rent arrears at 17 Urlich Drive, Ranui, Auckland 0612
Decided 29 Oct 2025 · Published 29 Oct 2025 · Application 5345743
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $874.00 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 4 weekly payments of $410.50, being $192.00 for rent and $218.50 for the debt. b. Payments will be every Wednesday, with the first payment on 05/11/2025 and continuing until 03/12/2025.
- Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 17 Urlich Drive, 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. The tenant was helpfully assisted by a friend, Ms McCarden, but he mostly spoke for himself.
- Kāinga Ora–Homes And Communities has applied for termination of the tenancy, rent arrears and refund of the bond. 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.
- Before ordering a conditional termination, I must be satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach.
- When I look at the tenant’s rent history, I can see that from time to time he is in credit and from time to time he is in arrears. This is because of the nature of the relationship that he has with Work and Income New Zealand (“WINZ”) who assists him with his rent.
- The tenant set out today the circumstances that have led him to going in to rent arrears. He said he has been looking after his two grandchildren who are aged 6 years and 1 year. Because of this there is some uncertainty as to which benefit is the correct benefit for him. This contributed to the tenant failing to complete his WINZ re-application for the benefit in time, and as a result, rent payments were stopped by WINZ, and the tenant then went into arrears.
- I note that despite the tenant missing several payments, the arrears is still only a modest amount.
- The tenant said that on Sunday just gone, his father passed, and because of today’s hearing, he has now missed his father’s funeral.
- 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.