Published tribunal order
Tenancy Tribunal case 5352081 — Rent arrears at 13 Baker Place, Onehunga, Auckland 1061
Decided 6 Nov 2025 · Published 6 Nov 2025 · Application 5352081
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes and Communities $920.71 for rent arrears to 6 November 2025 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 15 fortnightly payments of $646.00, being $586.00 for rent and $60.00 for the debt. b. A final payment of $606.71, being $586.00 for rent and $20.71 for the debt. c. Payments will be every other Tuesday, with the first payment on 11/11/2025 and continuing until 09/06/2026.
- Payments will be allocated in the following order: rent and rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at 13 Baker Place, Onehunga, Auckland 1061 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The landlord attended the hearing. The tenant did not attend and did not respond despite being telephoned on the number ending in 037.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. However, the landlord wants to allow the tenant time 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 (RTA).
- The landlord has provided rent records that prove the outstanding rent arrears owing of $920.71 through to 6 November 2025.
- On review of the rental summary, I can see that the tenant has been making additional payments towards the rent arrears. I am therefore 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) RTA.
- The landlord supported name suppression for the tenant, however, as the tenant did not attend, they did not advance adequate grounds for name suppression. Name suppression for the tenant is therefore declined. See section 95A of the RTA. R Harvey-Lane 06 November 2025