Published tribunal order
Tenancy Tribunal case 5447908 — Rent arrears at 3A Eileen Lane, Otara, Auckland 2023
Published 19 May 2026 · Application 5447908
Landlord favoured
- Rent arrears
- 14-day notice
Order
- Folau Junior Gae'E owes Kāinga Ora–Homes And Communities $1,711.00 (“the debt”) being rent arrears to 20 May 2026.
- Folau Junior Gae'E must pay rent and the debt as follows: a. By a payment of $600, being $498.00 for rent and $102.00 for the debt on Thursday, 21 May 2026 b. By 29 fortnightly payments of $550.00, being $498.00 for rent and $52.00 for the debt. Payments will be every other Thursday, with the first payment on 4 June 2026 and continuing until 15 July 2027. c. A final payment of $545.00, being $498.00 for rent and $47.00 for the debt on 29 July 2027.
- 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 3A Eileen Lane, Otara, Auckland 2023 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- The landlord’s claims for pest eradication and repairs are dismissed.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. 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.
- 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.
- The landlord also claimed repair costs of $381.00 for repairs to walls and pest eradication. It did not provided evidence of the alleged damage. The claims are dismissed.