Published tribunal order
Tenancy Tribunal case 5347942 — Rent arrears at 1 Aberfeldy Street, Cannons Creek, Porirua 5024
Decided 9 Dec 2025 · Published 9 Dec 2025 · Application 5347942
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Kāinga Ora–Homes And Communities $7,942.01 (“the debt”) being rent arrears to 17 December 2025.
- [The tenant/s] tenant/s] must pay rent and the debt as follows: a. By fortnightly payments of $440.00, being $398.00 for rent and $42.00 for the debt. b. Payments will be every other Thursday, with the first payment on 18/12/2025 and continuing 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 five working days of the due dates: a. The tenancy at 1 Aberfeldy Street, Cannons Creek, Porirua 5024 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, 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.
- 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 payment terms in this order reflects recent payments by the tenant.
- 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. Suppression
- Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
- Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
- The landlord did not request suppression in its application. No landlord name suppression is ordered.
- At the hearing the landlord made what appears to be a blanket request for tenant name suppression, as seen in other similar applications. There were no specific reasons provided for this request apart from a belief “the privacy of our tenant outweighs the public interest in this matter”. Respectfully, the public interest in orders where termination by order is a possibility being available (as is the default) is such that some special reason should exist for any order of tenant name suppression. This was discussed with the tenant and no special reasons exist. No suppression order is made.