Published tribunal order
Tenancy Tribunal case 5386762 — Rent arrears at 139 Onslow Road, Khandallah, Wellington 6035
Decided 15 Jan 2026 · Published 15 Jan 2026 · Application 5386762
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes and Communities $4,061.30 for rent arrears to 18 January 2026 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 238 weekly payments of $107.00, being $90.00 for rent and $17.00 for the debt. b. A final payment of $105.30, being $90.00 for rent and $15.30 for the debt. c. Payments will be every Tuesday, with the first payment on 20/01/2026 and continuing until 13/08/2030.
- Payments will be allocated in the following order: rent and the debt.
- If the weekly rental amount changes, the weekly payment of $17.00 to the debt must continue in addition to the updated weekly rental amount.
- If the tenant fails to pay rent and the debt within 5 working days of the due dates: a. The tenancy at 139 Onslow Road, Khandallah, Wellington 6035 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 number ending in 292, and the hearing proceeded in their absence.
- The landlord has applied for termination of the tenancy and rent arrears. However, 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 has provided rental records that prove the outstanding amount of $4,061.30 to 18 January 2026. The records also show that the tenant has recently made regular payments towards the outstanding rental arrears.
- As a result, 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 15 January 2026