Published tribunal order
Tenancy Tribunal case 5349661 — Rent arrears at 11B Farnborough Crescent, Mangere, Auckland 2022
Decided 17 Nov 2025 · Published 17 Nov 2025 · Application 5349661
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $307.00 (“the debt”) being rent arrears as at 17.11.2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 6 weekly payments of $209.00, being $159.00 for rent and $50.00 for the debt. b. A final payment of $166.00, being $159.00 for rent and $7.00 for the debt. c. Payments will be every Tuesday, with the first payment on 18/11/2025 and continuing until 30/12/2025.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at 11B Farnborough Crescent, Mangere, Auckland 2022 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 5 working days of the due date, the filing fee will be payable immediately.
Reasons
- The landlord attended the hearing by teleconference. The Tribunal called the tenant on the cell phone numbers provided for her but all calls diverted to voicemail. I am satisfied that the tenant was served with the notice of hearing and did not attend.
- The landlord has applied for termination of the tenancy and rent arrears. The landlord will accept a repayment arrangement and a conditional termination order should the tenant default with repayment.
- Unfortunately, because the tenant did not attend the hearing, the Tribunal was unable to speak to her about a repayment arrangement. However, the rent summary reveals that the tenant has for the last 7 weeks been paying current rent and an additional sum of $50 towards the arrears voluntarily. The landlord advises that it accepts this arrangement and would like a Tribunal order to formalise it.
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.
- While I am unable to speak to the tenant about a repayment arrangement, I am satisfied that she is already paying off the debt and will continue to do so. Therefore, I have granted a conditional termination order with the same repayment terms accordingly with the landlord’s consent.
- 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.