Published tribunal order
Tenancy Tribunal case 5458471 — Rent arrears at 57 Durham Street, Picton, Picton 7220
Decided 20 May 2026 · Published 20 May 2026 · Application 5458471
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $2,037.00 (“the debt”), being rent arrears to Wednesday 20 May 2026.
- [The tenant/s] must pay rent and the debt as follows: a. By three weekly payments of $102.00 for rent on Thursdays 21 May 2026, 28 May 2026 and 4 June 2026. b. Thereafter by weekly payments of $122.00, being $102.00 for rent and $20.00 for the debt. Payments will commence on Thursday 11 June 2026 and be paid 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 57 Durham Street, Picton, Picton 7220 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- This matter is determined as indicated by the orders above, but the landlord is granted a period until Friday 3 July 2026 within which, if the premises exterior has not been returned to a reasonable condition, they can request that the application 5447608 be brought back before to the Tribunal with new evidence in respect of any continued tenant failure to restore or keep the premises exterior reasonably clean and reasonably tidy and the matter will be re-opened.
Reasons
- Both parties attended the hearing. The tenant had a support person present. An email address for service was provided and confirmed by the tenant. This has been used.
- The landlord has applied for (a) work orders and (b) termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination as well as remedy the premises current condition.
- The first application (5447608) was previously adjourned to be heard in conjunction with the second application (5458471).
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.
- If the tenant is able to clear the debt in a lump sum payment as an alternative to the time payment ordered here, that is an alternative. Tenant responsibilities
- The first landlord application sought orders after the exterior of the premises were showing as unreasonable. Photos support the claim. The tenant has only recently returned to the premises.
- The tenant is committed to removing the rubbish and addressing the exterior. One challenge he will have is the cost of doing so. The landlord advised they no longer assist tenants with skip bins for such purposes. The tenant may seek agency support for the costs in addressing this cleanup. It is his responsibility to resolve regardless.