Published tribunal order
Tenancy Tribunal case 5356373 — Rent arrears at 31B Mayflower Close, Mangere East, Auckland 2024
Decided 11 Nov 2025 · Published 11 Nov 2025 · Application 5356373
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $864.00 (“the debt”) being rent arrears to 1 December 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By monthly payments of $902.00, being $702.00 for rent 1 and $200.00 for the debt. b. Payments will be due on the first Tuesday of every month with the first payment on 02/12/2025 and continuing until the debt is paid.
- Payments will be allocated in the following order: rent, and 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 31B Mayflower Close, Mangere East, Auckland 2024 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately. 1 The preference of the tenant is to pay rent monthly to align with payroll. The monthly rent of $702.00 was calculated by multiplying weekly rent of $162 by 52 weeks and dividing by 12. If current rent increases the monthly payment will adjust accordingly.
Reasons
- Both parties attended the hearing, conducted via teleconference. Mr David Campbell represented the landlord.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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.
- 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.