Published tribunal order
Tenancy Tribunal case 5455447 — Rent arrears at 7 Kea Grove, Elderslea, Upper Hutt 5018
Published 19 May 2026 · Application 5455447
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- LISA FRANCESA HUIA CLARKE owes Kāinga Ora–Homes And Communities $815.00 (“the debt”), being rent arrears.
- LISA FRANCESA HUIA CLARKE must pay rent and the debt as follows: a. By weekly payments of $100.00, being $90.00 for current rent and $10.00 for the debt. If current rent changes, the amount due weekly revises accordingly to maintain the weekly $10.00 debt payments. b. Payments will be every Wednesday, with the first payment on Wednesday 20 May 2026 and continuing weekly until the debt is paid.
- Payments will be allocated in the following order: rent and then rent arrears
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at 7 Kea Grove, Elderslea, Upper Hutt 5018 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, set down to be conducted via video conference. There was no entry into the conference by the tenant, nor any prior contact with the Registry. A call to the tenant was attempted but unsuccessful. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.
- The landlord has applied for termination of the tenancy and rent arrears. The tenant wants to repay the debt to avoid immediate termination and has already commenced payments on the terms as ordered here.
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.