Published tribunal order
Tenancy Tribunal case 5375113 — Rent arrears at 55 Bracken Street, Whakatane, Whakatane 3120
Decided 16 Dec 2025 · Published 16 Dec 2025 · Application 5375113
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the Tenant’s name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $1,391.03 (“the debt”) for rent owed to the end of the rent week 9-15 December 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 69 weekly payments of $188.00, being $168.00 for rent and $20.00 for the debt. b. A final payment of $179.03, being $168.00 for rent and $11.03 for the debt. c. Payments will be every Wednesday, with the first payment on 17/12/2025 and continuing until 14/04/2027.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 10 working days of the due dates: a. The tenancy at 55 Bracken Street, Whakatane, Whakatane 3120 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant’s income related rent changes, the repayment amount in Order 3a will change to the assessed weekly rent plus $20.00.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants 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.
- 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 tenant has a concern that her tenancy might be jeopardised if her employment changes and a WINZ stand down means she cant pay the rent until the support application is processed. Se says she has been in that position before. Having heard from the tenant and considering her efforts to address the rent arrears, I find that the appropriate “grace period” should be 10 working days as she has requested.
- 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.