Published tribunal order
Tenancy Tribunal case 5438452 — Rent arrears
Decided 21 Apr 2026 · Published 21 Apr 2026 · Application 5438452
- Rent arrears
Party names are redacted in the official published order.
Order
- There is an order suppressing the name and identifying details of the tenant.
- [The tenant/s] must pay Kāinga Ora–Homes And Communities $0.00 being rent arrears to 23 April 2026 as follows:
- [The tenant/s] will pay the rent arrears and current rent by weekly payments of $238, being $198 for current rent and $40 for rent arrears;
- Payments will start on Wednesday 22 April 2026 and will continue every Wednesday until the rent arrears are paid in full.
- All money paid will go first to current rent, then to rent arrears as ordered above.
- If any payment of the current rent, or rent arrears, is not paid within five working days of the due date as indicated in order 4) above: a) the tenancy shall terminate immediately; b) vacant possession shall be granted to Kainga Ora Homes and Communities; and c) any remaining debt will become due and payable in full immediately.
- Order 6) applies until the debt is paid in full.
Reasons
- The landlord attended the hearing. There was no appearance for the tenant.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant has been repaying the rent arrears and the landlord sought a conditional termination.
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 landlord explained that the tenant got behind in rent when they had to go overseas for a family matter. Since February they have been making weekly payments of $40 in addition to their rent. The debt has decreased from $1388 when the application was filed at the end of January this year.
- 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 landlord also asked for name suppression for the tenant. Although the tenant did not attend, I am satisfied that there should be name suppression in this instance where the tenant has made regular payments to reduce the debt and will continue to do so until it is paid off.