Published tribunal order
Tenancy Tribunal case 5371026 — Rent arrears at 31 Sefton Crescent, Chartwell, Hamilton 3210
Decided 2 Dec 2025 · Published 2 Dec 2025 · Application 5371026
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes and Communities $4,550.00 (“the debt”) for rent arrears to 8 December 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 182 weekly payments of $265.00, being $240.00 for rent and $25.00 for the debt. b. A final payment of $240.00, being $240.00 for rent and $0.00 for the debt. c. Payments will be every Thursday, with the first payment on 11/12/2025 and continuing until 07/06/2029.
- Payments will be allocated in the following order: rent and the debt.
- The weekly payment of $25.00 towards the debt must continue regardless of any changes to the weekly rent.
- If the tenant fails to pay rent and the debt within 5 working days of the due dates: a. The tenancy at 31 Sefton Crescent, Chartwell, Hamilton 3210 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 numbers ending in 674 and 889.
- The landlord has applied for termination of the tenancy and rent arrears. 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 provided rent records that prove the amount owing of $4,550.00 through to 8 December 2025.
- 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 02 December 2025