Tenantcheck Insights · Case study
Tenancy Tribunal case 5421628 — Rent arrears at 56 Danbury Drive, Torbay, Auckland 0630
Decided 18 February 2026 · Published 18 February 2026 · Application 5421628
Mixed / unclear
- Rent arrears
- 14-day notice
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Auckland
Tribunal region
Adjudicator
N Maplesden
Dispute themes
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| for the debt by 11:59pm on Tuesday 24 February 2026, and b. Payment of weekly rent of | $390.00 | for the debt by 11:59pm on Tuesday 24 February 2026, and b. Payment of weekly rent of |
Claims and awards for application 5421628. Verify on MoJ.
for the debt by 11:59pm on Tuesday 24 February 2026, and b. Payment of weekly rent of
- Amount
- $390.00
- Awarded to
- Landlord
- Reason
- for the debt by 11:59pm on Tuesday 24 February 2026, and b. Payment of weekly rent of
Order
- Carl David Rodger and Lesley Anita King owes Kāinga Ora–Homes And Communities $2,170.00 being rent arrears up to 24 February 2026 (“the debt”).
- Carl David Rodger and Lesley Anita King must pay rent and the debt as follows: a. One lump sum payment of $2,170.00 for the debt by 11:59pm on Tuesday 24 February 2026, and b. Payment of weekly rent of $390.00 by 11:59pm on 25 February 2026.
- Payments will be allocated first to rent and then to debt.
- If the tenants fail to pay rent and the debt by the due dates in order 2: a. The tenancy at 56 Danbury Drive, Torbay, Auckland 0630 will terminate and the landlord will have immediate possession of the premises, and b. The balance of the debt will be payable immediately.
Reasons
- The landlord’s representative attended the hearing by video conference today.
- Neither tenant attended. I telephoned the tenants a total of three times on two mobile numbers to make sure they had the chance to attend. Both phones went to voicemail. I left a message giving the phone number they could dial to attend the hearing.
- I continued the hearing in the absence of the tenants because they have been posted and emailed notice of the hearing date and time and been sent several text reminders.
Should the tenancy be terminated?
- The landlord has applied for an order requiring the tenants to make repayments towards rent arrears and that if any payment is missed, that the tenancy will terminate. This is called a “conditional termination order”.
- 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. This is what the law says so the Tribunal has no other option. 1 See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- It is difficult for the Tribunal to make a conditional termination order when the tenants do not attend the hearing. This is because I have no information about what they can afford in repayments and no assurance they will not miss rent payments again.
- The landlord has asked me to give the tenants one final chance to keep the tenancy. I agree to do so only because this is a social housing tenancy, and the tenants may not understand how serious this is.
- I grant a conditional termination order requiring the tenants to pay the full amount of the debt owing by 11:59pm on Tuesday 24 February 2026. The tenants must also pay the weekly rent that is due on Wednesday 25 February 2026.
- If these payments are not made on time, the landlord will have the right to immediate termination of the tenancy. The landlord does not need to come back to the Tribunal for this. 1 Unless the full amount owing has already been paid by the date of the hearing and the Tribunal is satisfied there won’t be any further breach; section 55(2) RTA.
- The conditional termination order will lapse if the payments are made on time. If the tenants breach 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 is the government social housing provider so there is a public interest in its actions because it is responsible for the use of taxpayer’s funds. My decision is that publication of the landlord’s name is in the public interest, so it is not suppressed.
- The tenants have breached their rent obligations, so their names are not suppressed.
- No suppression orders apply.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s55(1), s55(2), s64(4)
Key findings
- Dispute theme: rent arrears
- Dispute theme: termination 14day
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5421628?
The tribunal order states: Carl David Rodger and Lesley Anita King owes Kāinga Ora–Homes And
How much money was awarded in case 5421628?
for the debt by 11:59pm on Tuesday 2…: $390.00 awarded to landlord
What type of tenancy dispute was case 5421628?
The primary dispute was Rent arrears. Related themes: 14-day notice.
Where can I read the official tribunal order for case 5421628?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13142455-Tenancy_Tribunal_Order.pdf.