Published tribunal order
Tenancy Tribunal case 5420105 — Rent arrears at 95A Seddon Street, Naenae, Lower Hutt 5011
Published 4 March 2026 · Application 5420105
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Jason Tenberge owes Kāinga Ora–Homes and Communities $7,973.00 (“the debt”) for rent arrears to 5 March 2026.
- Jason Tenberge must pay rent and the debt as follows: a. By 194 weekly payments of $450.00, being $409.00 for rent and $41.00 for the debt. b. A final payment of $428.00, being $409.00 for rent and $19.00 for the debt. c. Payments will be every Friday, with the first payment on 6 March 2026 and continuing until 23 November 2029
- Payments will be allocated in the following order: 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 95A Seddon 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 tenant’s income related rent changes, the weekly amount payable by the tenant under Order 2 will be the assessed weekly rent plus $41.00 towards the arrears.
Reasons
- Both parties attended the hearing which was held by video/ teleconference.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. It is willing to agree to a conditional termination Order as an alternative.
- The tenant wants to continue the tenancy.
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.
- The tenant disputes the amount of rent arrears claimed by the landlord. That is on the basis that he should not have been required to pay a market rent for the property ($582.00) for not having had an income related rent assessment done, because he says it was too hard to contact WINZ.
- An income related rent assessment of $409.00 is now in place, the tenant says that is the rent he should have had to pay during the time he was charged market rent.
- That is not something within the discretion of the Tribunal or the landlord. It is fixed by WINZ.
- The landlord’s rent records prove the amount of arrears owing. The tenant will need to bring any challenge to the rent calculation up with WINZ.
- The tenant also says that paying $41.00 on top of the weekly rent is too much. With respect, even at that figure the arrears will not be repaid until November 2029. It would not be reasonable to allow a longer repayment period.
- 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.