Published tribunal order
Tenancy Tribunal case 5443913 — Rent arrears at 85 Kolmar Road, Papatoetoe, Auckland 2025
Decided 29 Apr 2026 · Published 29 Apr 2026 · Application 5443913
- Rent arrears
- 14-day notice
Order
- [The tenant/s] tenant/s] and [The tenant/s] tenant/s] agree that as at 3 May 2026, they owe Kauri Property Management Limited As Agent For Anurag And [The tenant/s] landlord/s] the sum of $10,462.00 (the debt) being rent arrears of $10,434 to 3 May 2026 plus the filing fee of $28.00.
- [The tenant/s] tenant/s] and [The tenant/s] tenant/s] must pay the debt as follows: a. payment of the debt of $10,462.00 in full by 5pm Wednesday 13 May 2026; and b. weekly payments of current rent of $800.00. The next payment is due Monday 4 May 2026 and weekly payments of $800.00 must continue until the debt is paid in full.
- All money will go first to current rent and then to rent arrears.
- If any payment of the current rent, or rent arrears, is not paid within two working days of the due date as indicated in order 2. above: a. the tenancy shall terminate immediately; b. vacant possession shall be granted to Kauri Property Management Limited As Agent For Anurag And [The tenant/s] landlord/s]; c. any remaining debt will become due and payable in full immediately;
- Order 4. applies until the debt is paid in full.
- If payment of the filing fee of $28.00 is not made within two working days of the due date of Wednesday 5 May 2026, then it will be due and payable in full immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The rent was more than 21 days in arrears at the time the landlord’s application was filed.
- The tenant wants to repay the debt to 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 must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The tenant believes he can obtain money from his Kiwisaver on the basis of hardship and asks for two weeks to pay the debt.
- The tenant is being given one last chance to 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 tenant must continue to pay rent the weekly rent at the same time. If the tenant is more than 2 days late with next week’s rent due on 4 May or the following one, due on 11 May, the tenancy terminates.
- The conditional termination order will lapse if it is fully complied with.
- It is recommended that the tenant either sets up an automatic payment with his bank, or asks his employer to pay the rent directly.
- 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.