Published tribunal order
Tenancy Tribunal case 5409109 — Rent arrears
Decided 9 Jun 2026 · Published 9 Jun 2026 · Application 5409109
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $861.86 (“the debt”) being rent arrears to 11 May 2026.
- [The tenant/s] must pay rent and the debt as follows: a. By 86 weekly payments of $112.00, being $102.00 for rent and $10.00 for the debt. b. A final payment of $103.86, being $102.00 for rent and $1.86 for the debt. c. Payments will be every Tuesday, with the first payment on 12/05/2026 and continuing until 04/01/2028.
- Payments will be allocated in the following order: current rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at [Tenancy address suppressed] 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 and rent arrears. The tenant wants to avoid immediate termination. The landlord was agreeable to a conditional termination order being made.
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 that the tenant has been making regular, weekly, payments and is committed to doing so. The arrears have arisen when Income Related Rent has increased and there has been delay in the rental payments being adjusted to reflect that change. I have granted a conditional termination order as set out above.
- 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.
- The landlord has agreed to the orders above, and there is no public interest in the tenant’s name being published. I have granted suppression the tenant’s name and identifying details.