Published tribunal order
Tenancy Tribunal case 5360161 — Rent arrears at 9 Te Toru Street, Taita, Lower Hutt 5011
Decided 18 Nov 2025 · Published 18 Nov 2025 · Application 5360161
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Kāinga Ora–Homes And Communities $4,060.34 (“the debt”) being rent arrears to Friday 21 November 2025.
- [The tenant/s] tenant/s] must pay rent and the debt as follows: a. By 238 weekly payments of $179.00, being $162.00 for rent and $17.00 for the debt. b. A final payment of $176.34, being $162.00 for rent and $14.34 for the debt. c. Payments will be every Friday, with the first payment on 21/11/2025 and continuing until 14/06/2030.
- Payments will be allocated to rent and then to rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at 9 Te Toru Street, Taita, Lower Hutt 5011 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The applicant attended the hearing by phone. The respondent did not answer.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
- They tell me that it is their preference that the current arrangement of rent plus $17.00 is put into a consequential order.
- Typically, a consequential order is only made when the tenant is present so the viability of the arrangement can be tested. In this case, in the interest of sustaining this tenancy and on the evidence of the rent summary which shows that this arrangement has already been implemented I have decided to grant the conditional order.
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.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing.