Published tribunal order
Tenancy Tribunal case 5387141 — Rent arrears at 8 Collett Street, Naenae, Lower Hutt 5011
Decided 16 Jan 2026 · Published 16 Jan 2026 · Application 5387141
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $3,038.00 (“the debt”) being rent arrears to 19 January 2026.
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of $225.00, being $191.00 for rent and $34.00 for the debt. b. Payments have already started and will continue every Tuesday, with the next payment on 20 January 2026.
- 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 8 Collett Street, Naenae, Lower Hutt 5011 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the income related rent changes the tenant must pay the adjusted income related weekly rent plus the $34 towards the debt.
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) Residential Tenancies Act 1986 (RTA).
- The tenant has been paying the rent plus the additional $34 every week since the application was filed. She wants to stay in the house. 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.