Published tribunal order
Tenancy Tribunal case 5362501 — Rent arrears at 550 Wainui Road, Kaiti, Gisborne 4010
Decided 18 Nov 2025 · Published 18 Nov 2025 · Application 5362501
- Rent arrears
- 14-day notice
Order
- [The tenant/s] and [The tenant/s] owes Kāinga Ora–Homes and Communities $2,011.00 (“the debt”) for rent arrears to 19 November 2025.
- [The tenant/s] and [The tenant/s] must pay rent and the debt as follows: a. By 80 weekly payments of $247.00, being $222.00 for rent and $25.00 for the debt. b. A final payment of $233.00, being $222.00 for rent and $11.00 for the debt. c. Payments will be every Wednesday, with the first payment on 19/11/2025 and continuing until 02/06/2027.
- 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 550 Wainui Road, Kaiti, Gisborne 4010 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 tenants did not attend and did not respond despite being telephoned on the numbers ending in 174, 913, 274 and 032.
- The landlord has applied for termination of the tenancy and rent arrears. 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 provided rent records that prove the amount owing of $2,011.00 through to 19 November 2025.
- The rent records show that the tenant has been making additional weekly 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. R Harvey-Lane 18 November 2025