Published tribunal order
Tenancy Tribunal case 5374442 — Rent arrears at Unit/Flat 2, 52 Washington Road, Washington Valley,
Decided 10 Dec 2025 · Published 10 Dec 2025 · Application 5374442
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes and Communities $1,155.00 for rent arrears to 10 December 2025 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 52 weekly payments of $184.00, being $162.00 for rent and $22.00 for the debt. b. A final payment of $173.00, being $162.00 for rent and $11.00 for the debt. c. Payments will be every Wednesday, with the first payment on 17/12/2025 and continuing until 16/12/2026.
- If the weekly rent changes, the weekly payment of $22.00 towards to debt must continue to be paid in addition to the updated weekly rent.
- Payments will be allocated in the following order: rent and the debt.
- If the tenant fails to pay rent and the debt within 5 working days of the due dates: a. The tenancy at Unit/Flat 2, 52 Washington Road, Washington Valley, Nelson 7010 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 when telephoned on the numbers ending in 458 and 882.
- The landlord has applied for termination of the tenancy and rent arrears. The landlord wants to allow the tenant a further 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 $1,155.00 to 10 December 2025.
- On the basis that the landlord wants to allow the tenant an opportunity to pay the debt and ongoing rent, 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 10 December 2025