Published tribunal order
Tenancy Tribunal case 5387307 — Rent arrears at 1175 Taita Drive, Taita, Lower Hutt 5011
Decided 30 Jan 2026 · Published 30 Jan 2026 · Application 5387307
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $3,510.70 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 58 fortnightly payments of $600.00, being $542.00 for rent and $58.00 for the debt. b. A final payment of $572.70, being $543.00 for rent and $30.70 for the debt. c. Payments will be every second Tuesday, with the first payment on Tuesday, 27 January 2026 and continuing until the debt is repaid.
- Payments will be allocated in the following order: rent, 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 1175 Taita Drive, Taita, 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 tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
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. The landlord agrees.
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 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.