Published tribunal order
Tenancy Tribunal case 5420989 — Rent arrears
Decided 25 Mar 2026 · Published 25 Mar 2026 · Application 5420989
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- The tenants’ names and identifying details, including the tenancy address, must not be published.
- [The tenants] owe Kāinga Ora – Homes and Communities $1,263.00 for one day’s rent and rent arrears (“the debt”).
- [The tenants] must pay rent and the debt as follows: a. By 24 weekly payments of $450.00, being $399.00 for rent and $51.00 for the debt. b. A final payment of $438.00, being $399.00 for rent and $39.00 for the debt. c.Payments will be every Thursday, with the first payment on 26/03/2026 and continuing until 10/09/2026.
- Payments will be allocated in the following order: rent, the debt.
- If the tenants fail to pay rent and the debt within 5 working days of the due dates: a. The tenancy at [tenancy address suppressed] will terminate and the landlord will be entitled to immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The hearing was conducted on Microsoft Teams.
- Alex Temu attended for Kāinga Ora.
- Mrs [tenant’s surname] attended for the tenants.
- The landlord applied for termination of the tenancy and rent arrears.
Should the Tribunal order conditional termination?
- Kāinga Ora provided a rent summary which proved the arrears to the end of yesterday are $1,206.00. For convenience, taking the arrears and rent to today’s date the figure is $1,263.00.
- Rent was more than 21 days in arrears when Kāinga Ora filed its application on 30 December 2025. Where rent is at least 21 days in arrears on the date the landlord filed its application, the Tribunal must terminate the tenancy pursuant to s 55(1)(a) of the Residential Tenancies Act 1986. However, today Mr Temu sought only a conditional order.
- The tenants want to repay the debt to avoid immediate termination, and they have already commenced repaying it by instalments.
- The Tribunal makes the conditional order set out above by consent.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the landlord may enforce the possession order for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Nonpublication
- Mr Temu invites the Tribunal to order non-publication of the tenants’ names and identifying details.
- The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published pursuant to s 95A(4) of the Act.
- The tenancy began over 12 years ago. The tenant says she has not been before the Tribunal for many years. The arrears arose only through genuine financial hardship and family-related expenses. Importantly, the tenants continue to prioritise paying rent and the arrears and began repaying the arrears voluntarily prior to the hearing.
- Having regard to the parties’ interests and the public interest, it is appropriate for the Tribunal to order nonpublication.