Published tribunal order
Tenancy Tribunal case 5378522 — Rent arrears at 185 Ruatoki Valley Road, Ruatoki North, RD 1, Whakatane
Decided 12 Dec 2025 · Published 12 Dec 2025 · Application 5378522
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] owes Kāinga Ora–Homes And Communities $4,269.57 (“the debt”) being rent arrears to 12 December 2025.
- [The tenant/s] tenant/s] agrees to pay the debt by weekly payments of current rent plus an additional $50 so that the debt continues to be paid if the amount of weekly rent changes.
- Currently, [The tenant/s] tenant/s] must pay rent and the debt as follows: a. By weekly payments of $253 being $203 for rent and $50 for the debt. b. Payments will be every Thursday, with the first payment on 18 December 2025. Payments will be allocated in the following order: rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at 185 Ruatoki Valley Road, Ruatoki North, RD 1, Whakatane 3191 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.
- The landlord has applied for termination of the tenancy and 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) 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.