Published tribunal order
Tenancy Tribunal case 5428936 — Rent arrears at Unit/Flat Unit G03, 13 Rawalpindi Street, Mount Albert,
Decided 31 Mar 2026 · Published 31 Mar 2026 · Application 5428936
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- This Order records an agreement reached between the aprties and the Tribunal Orders suppression of the tenant’s name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $1,140.00 (“the debt”) for rent arrears to 30 March 2026.
- [The tenant/s] must pay rent and the debt as follows: a. By 14 fortnightly payments of $810.00, being $730.00 for rent and $80.00 for the debt. b. A final payment of $750.00, being $730.00 for rent and $20.00 for the debt. c. Payments will be every other Thursday, with the first payment on 02/04/2026 and continuing until 15 October 2026
- 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 Unit/Flat Unit G03, 13 Rawalpindi Street, Mount Albert, Auckland 1025 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 based rent changes, the fortnightly payment amount payable under Order 3 will be calculated as twice the assessed weekly rent plus $80.00
Reasons
- Both parties attended the hearing.
- The landlord seeks a conditional termination Order to have the rent arears repaid. The tenant wants to repay the debt to avoid immediate termination.
- The landlord has applied for rent arrears and has provided rent records which prove the amount owing. The tenant agrees with the rent summary.
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 says she will be able to weekly rent and the debt as provided for in this Order and will make extra payments towards the arrears when she can.
- I am satisfied that a conditional termination Order rather than a final termination Order should be made.
- 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.