Published tribunal order
Tenancy Tribunal case 5378127 — Rent arrears at 38A Aparima Avenue, Miramar, Wellington 6022
Decided 11 Nov 2025 · Published 11 Nov 2025 · Application 5378127
- 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 $2,224.00 being rent arrears to 11 November 2025 (the debt).
- [The tenant/s] must pay rent and the debt as follows: a. By a payment of $500.00 towards the debt by the end of the day today, 11 November 2025. b. By weekly payments of $280.00 being $270.00 for rent and $10.00 for the debt. The first payment is due on 12 November 2025 and every Wednesday after that.
- Payments in Order 3 (b) will be allocated in the following order: rent, and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 38A Aparima Avenue, Miramar, Wellington 6022 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing which I held by phone. The tenant was assisted by a support person.
- The landlord has applied for termination of the tenancy and an order for rent arrears. 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 (RTA).
- 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.
- I have granted the tenant name suppression as he has been successful in obtaining a conditional order, by consent. The same order could have been made at mediation which is confidential.