Published tribunal order
Tenancy Tribunal case 5353507 — Rent arrears
Decided 12 Jan 2026 · Published 12 Jan 2026 · Application 5353507
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the tenant’s name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $1,798.00 (“the debt”), which is rent arrears to 11 November 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By fortnightly payments of $650.00, being $436.00 for current fortnightly rent plus $214.00 per fortnight towards the debt, starting on Thursday 13 November 2025 and continuing every second Thursday, until the debt is repaid in full. b. Should the tenant’s weekly or fortnightly rent be reassessed, given it is income-related, and become a different amount from $436.00 per fortnight, then the tenant is to pay weekly or fortnightly current rent as assessed, plus $214.00 per fortnight towards the debt, every second Thursday until the debt is repaid in full.
- Payments will be allocated in the following order: rent, then rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 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
- [The landlord’s representative], representing the landlord, and the tenant, both attended the teleconference hearing.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
- The tenant said she and her family have experienced significant health issues over the past year, including the tenant herself having a heart attack earlier this year. The tenant explained that she returned to work after her heart attack and then became very sick again, so has now resumed her job a couple of weeks ago. The tenant said her adult daughter is now paying her board and so, with that and returning to work, she can make regular payments now to address the rent arrears debt.
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 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
- The tenant requested name suppression. Given the tenant and her family’s significant health issues and efforts to get back on her feet, I find the tenant’s interests outweigh the public interest in publishing her name. Therefore, I order that the tenant’s name and identifying details and the tenancy address are not to be published. See section 95A(4) Residential Tenancies Act 1986.