Published tribunal order
Tenancy Tribunal case 5449668 — Rent arrears at Flat 4, 46 Shakespeare Road, Waltham, Christchurch 8023
Decided 12 May 2026 · Published 12 May 2026 · Application 5449668
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $843.56 for rent arrears owing up to 11 May 2026 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By 52 weekly payments of the amount of the weekly rent (at the date of this order the weekly rent is $159.00) plus $16.00 for the debt. b. A final payment of $11.56 for the debt. c. Payments will be every Thursday, with the first payment on 14/05/2026 and continuing until 13/05/2027.
- Payments will be allocated first to rent, and then to rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at Flat 4, 46 Shakespeare Road, Waltham, Christchurch 8023 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The landlord attended the hearing held remotely today but the tenant did not. I telephoned the tenant however the phone went to voicemail. I continued the hearing as the tenant has been posted notice of the hearing date and time to the address for service and sent email and text reminders.
- The landlord has applied for termination of the tenancy because of rent owing but would prefer to formalise a repayment plan with the tenant.
- The rent ledger proves that rent arrears total $843.56 up to 11 May 2026.
- Rent was at least 21 days behind on the date the application was filed and is 37 days behind on the hearing date.
- When rent is at least 21 days behind, the law says the Tribunal must make either an immediate termination order or a repayment order with termination of the tenancy if any payment is missed or late (a “conditional termination” order); see section 55(1)(a) and (1A) Residential Tenancies Act 1986 (RTA).
- The tenant did not attend the hearing today so I cannot confirm the repayment plan with him. Sometimes that means I must make a final termination order.
- Today, I agree to make a conditional termination order instead because the rent ledger shows the tenant has been making weekly payment of rent plus an extra $16.00 towards the rent arrears debt. I am satisfied the tenant will continue those payments and is unlikely to commit any further relevant breach.
- The tenant must continue to pay weekly rent plus the repayment amount of $16.00 every Thursday starting 14 May 2026 until the debt is fully repaid.
- If any payment is more than 5 working days late, the landlord will have the right to immediate termination and possession of the premises. No new application or order is required.
- If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) RTA.
- The conditional termination order will lapse if it is fully complied with.
- No suppression orders apply. The landlord is the government social housing provider, so the public interest is in transparency of its actions. There are no grounds to suppress the tenant’s name.