Published tribunal order
Tenancy Tribunal case 5387441 — Rent arrears at 8 Tate Place, Otara, Auckland 2023
Decided 3 Feb 2026 · Published 3 Feb 2026 · Application 5387441
- 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 $242.00 (“the debt”) for rent arears to 3 February 2026.
- [The tenant/s] must pay rent and the debt as follows: a. by 12 weekly payments of $110.00, being $90.00 for rent and $20.00 for the debt. b. a final payment of $92.00, being $90.00 for rent and $2.00 for the debt. c. Payments will be every Thursday, with the first payment on 05/02/2026 and continuing until 30/04/2026.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. the tenancy at 8 Tate Place, Otara, Auckland 2023 will terminate and the landlord will have immediate possession of the premises. b. the balance of the debt will be payable immediately.
- This is a tenancy with an income related rent. It the rent payable changes, the weekly repayments required under Order 3 will be the assessed rent plus $20.00.
Reasons
- The landlord attended the hearing which was held by videoconference. The tenant didn’t attend and couldn’t be reached on the phone number given in the Notice of Hearing, which was properly served.
- The landlord has applied for termination of the tenancy and rent arrears.
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.
- Since the date of the application, the tenant has been making regular payments of weekly rent plus $20.00 toward the arrears. The arrears have significantly reduced.
- The landlord now proposes that instead of the tenancy being terminated, a conditional termination Order be made formalising that repayment arrangement.
- That is reasonable and a conditional termination Order is made accordingly.
- 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.