Published tribunal order
Tenancy Tribunal case 5351682 — Rent arrears at 4A Patrice Place, Massey, Auckland 0614
Decided 6 Nov 2025 · Published 6 Nov 2025 · Application 5351682
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $1,116.00 being rent arrears to 10 November 2025 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 55 weekly payments of $108.00, being $88.00 for rent and $20.00 for the debt. b. A final payment of $104.00, being $88.00 for rent and $16.00 for the debt. c. Payments will be every Thursday, with the first payment on 13/11/2025 and continuing until 03/12/2026.
- 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 2 working days of the due dates: a. The tenancy at 4A Patrice Place, Massey, Auckland 0614 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 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- A representative of the landlord attended the hearing.
- The tenant did not attend. I called her mobile number twice during the hearing. Both calls went to voicemail.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- 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.
- At the hearing the landlord requested a conditional termination order, on the same terms has the tenant had been paying. The payments stopped in September, which prompted this application. At the landlord’s request, 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.