Published tribunal order
Tenancy Tribunal case 5350628 — Rent arrears
Decided 6 Feb 2026 · Published 6 Feb 2026 · Application 5350628
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the tenant’s name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $1,002.85 being rent arrears to 05/11/2025 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 16 weekly payments of $150.00, being $90.00 for rent and $60.00 for the debt. b. A final payment of $132.85, being $90.00 for rent and $42.85 for the debt. c. Payments will be every Tuesday, with the first payment on 11/11/2025 and continuing until 03/03/2026.
- [The tenant/s] must immediately arrange a WINZ redirection to cover the rent and arrears payments.
- Payments will be allocated in the following order: rent and rent arrears.
- If [The tenant/s] fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] 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.
- The landlord has applied for a conditional termination order. 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 landlord submits that while the market rent for this property is $623.00 per week, the tenant benefits from an income-related rent assessment of $90.00 per week.
- Despite the significantly reduced rent, the tenant has a sustained history of failing to pay rent on time and accumulating arrears.
- Key events in the rent arrears history include: • February 2024: Mediation resulted in a payment agreement for $401.00 per week (rent plus arrears), with arrears at $3,260.71. The tenant failed to comply, but paid $3,562.71 on 17 April 2024 to clear the arrears. • May 2024: Arrears of $4,276.00 accrued again. • December 2024: The Tribunal issued a conditional termination order when arrears reached $5,060. Two subsequent payments were missed in January 2025. • January–February 2025: The tenant again cleared the arrears with a lump sum payment of $5,710, but failed to maintain payments, resulting in a further $1,200 arrears. • June 2025: A second conditional termination order was issued for arrears of $5,663.43, which the tenant paid in full on 24 June 2025. She again missed rent payments following this, and arrears rose again to $1,222. • July 2025: IRR back payment was used to clear the arrears. • November 2025: As at the date of hearing, the tenant is again in arrears in the amount of $1,002.85.
- This establishes a clear pattern: the tenant falls into significant arrears, clears them with a lump sum, and then fails to make ongoing rent payments. This has resulted in multiple Tribunal orders and serious concerns about the sustainability of the tenancy.
- The tenant accepts the history of non-payment but explained that her personal circumstances have contributed to her financial difficulties. She has been the sole carer for her father following his stroke. Initially, she had no support, and the situation severely impacted her ability to maintain her rent obligations.
- The tenant now states that her circumstances have improved. She has support from extended family and has engaged with Work and Income to manage her financial affairs. She proposes to pay $150.00 per week (comprising $90 rent plus $60 toward arrears) beginning Tuesday 11 November 2025 until the debt is paid in full.
- The landlord has agreed to the plan, on the strict condition that it is complied with in full and that no further breaches occur.
- The Tribunal acknowledges the landlord’s detailed evidence and accepts that multiple prior opportunities have been given to the tenant to remedy rent arrears. Each time, the arrears were cleared only through lump sum payments rather than regular ongoing compliance.
- However, the Tribunal has also heard credible personal circumstances from the tenant explaining past breaches. The tenant has now secured additional support and is engaging with Work and Income, which could improve the sustainability of her tenancy going forward.
- A final opportunity is appropriate in this instance, given the tenant’s willingness to formalise repayment arrangements and the landlord’s conditional agreement to continue the tenancy.
- The Tribunal will therefore grant a conditional termination order, allowing the tenant to retain the tenancy provided she complies with the above conditions:
- 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.