Published tribunal order
Tenancy Tribunal case 5369402 — Rent arrears at 5 Gordon Alexander Lane, Mount Roskill, Auckland 1041
Decided 19 Dec 2025 · Published 19 Dec 2025 · Application 5369402
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes and Communities $952.00 for rent arrears to 22 December 2025 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 43 weekly payments of $230.00, being $208.00 for rent and $22.00 for the debt. b. A final payment of $214.00, being $208.00 for rent and $6.00 for the debt. c. Payments will be every Wednesday, with the first payment on 24/12/2025 and continuing until 21/10/2026.
- Payments will be allocated in the following order: rent, and the debt.
- If the weekly rent payment amount changes, the tenant is to continue to pay $22.00 towards the debt on top of the updated weekly rent, and until the debt is paid.
- If the tenant fails to pay rent and the debt within 5 working days of the due dates: a. The tenancy at 5 Gordon Alexander Lane, Mount Roskill, Auckland 1041 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 272.
- The landlord has applied for termination of the tenancy and rent arrears. However, the landlord wants to allow the tenant an opportunity 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 amount owing of $952.00 to 22 December 2025.
- On review of the evidence provided, I can see the tenant has recently been making regular payments towards the debt and on that basis, 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) RTA. R Harvey-Lane 19 December 2025