Published tribunal order
Tenancy Tribunal case 5442629 — Rent arrears at 75E West Harbour Drive, West Harbour, Auckland 0618
Decided 9 Jul 2026 · Published 9 Jul 2026 · Application 5442629
- Rent arrears
- 14-day notice
Order
- The application for rehearing is granted. The Tribunal’s previous order is vacated.
- [The tenant/s] owes Kāinga Ora–Homes and Communities $1,760.70 for rent arrears to the end of 8 July 2026.
- [The tenant/s] must pay rent and the rent arrears as follows: a. By 23 fortnightly payments of $800.00, being $726.00 for rent and $74.00 for the debt. b. A final payment of $784.70, being $726.00 for rent and $58.70 for the debt. c. Payments will be every other Thursday, with the first payment on 09/07/2026 and continuing until 27/05/2027. d. The above fortnightly rent of $726.00 may be varied in accordance with the Residential Tenancies Act 1986, in which case the fortnightly rent payments shall vary accordingly. However, the $74.00 fortnightly debt repayments shall remain constant.
- Payments will be allocated in the following order: rent, rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at 75E West Harbour Drive, West Harbour, Auckland 0618 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The hearing was conducted on Microsoft Teams.
- Daniel Campbell attended the hearing for the landlord.
- Mr Ntwari attended after the Tribunal telephoned him. The Tribunal confirmed that it is his obligation to attend remote hearings by using the Teams link of telephoning into the hearing on one of the numbers provided on the notice of hearing.
- This is an application for rehearing. Mr Ntwari did not attend the previous hearing on 29 April 2026 due to not being able to install Teams on his telephone.
- Mr Campbell does not oppose the application for rehearing. The application for rehearing is granted by consent.
- For the rehearing, Mr Campbell seeks a conditional termination order.
- The tenant has recommenced paying rent and is also making weekly payments towards the rent arrears. He wants to carry on doing that and avoid immediate 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 as in this case must make either a final or a conditional termination under s 55(1)(a) and (1A) of the Residential Tenancies Act 1986.
- Because the landlord consents, the Tribunal orders a conditional termination order in the terms set out above.
- 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 pursuant to s 64(4)(b) of the Residential Tenancies Act 1986.