Published tribunal order
Tenancy Tribunal case 5428158 — Rent arrears
Decided 8 Jul 2026 · Published 8 Jul 2026 · Application 5428158
- 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’s name and identifying details and the tenancy address.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $3,117.00 (“the debt), which is rent arrears up to 3 June 2026.
- [The tenant/s] must pay rent and the debt as follows: a. By one payment of $613.00, being weekly rent of $313.00 and an extra $300.00 towards the debt, to be paid on Thursday 4 June 2026. b. By fortnightly payments of $926.00, being $626.00 for fortnightly current rent, plus an extra $300.00 per fortnight towards the debt, starting on Thursday 18 June 2026, to be paid every second Thursday after that until the debt is repaid in full.
- Payments will be allocated in the following order: rent and rent arrears.
- 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.
Reasons
- Mr Temu, representing the landlord, and [The tenant/s], the tenant, both attended the hearing by video conference and teleconference respectively.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination.
- There was a full discussion during the hearing with the tenant about why there has been a pattern of missed rent payments for so long. The tenant explained she was firstly the main carer for her father who had dementia and then passed away recently, then her son was diagnosed with autism, her teenage daughter has been having problems at school and a lot of the time she was required to take leave without pay from her work, to deal with her family issues. She explained that her son has now been formally diagnosed and has supports in place, her father has passed away, she has other family supports in place and had just returned to full time work this week.
- Given the rent summary history and the pattern of several weeks of rent payments being missed, which has been ongoing for some time, I remain concerned about the tenant’s ability to sustain regular rent payments. However, the evidence provided about her changed circumstances and supports in place now, the tenant’s return to full time work and pay, along with the landlord’s consent to the making of a conditional termination order, mean I am prepared to make a conditional termination order. The tenant must be aware that she may not get another chance to retain her tenancy, should she miss any further rent payments.
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 the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- 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. Suppression
- The tenant requested name suppression. Given her family situation with her father passing away recently, her son being diagnosed with autism and her daughter having problems at school, and the tenant’s attempt to get her life back on track recently, I find the tenant’s interests outweigh the public interest in publishing her name. Therefore, I order that the tenant’s name and identifying details and the tenancy address are not to be published. See section 95A(4) Residential Tenancies Act 1986.