Published tribunal order
Tenancy Tribunal case 5460710 — Rent arrears at 2H Main Highway, Ellerslie, Auckland 1051
Published 19 May 2026 · Application 5460710
Mixed / unclear
- Rent arrears
Order
- Subramaniam Kumaran owes Kāinga Ora–Homes and Communities $1,792.29 for rent arrears to the end of 19 May 2026 (“the debt”).
- Subramaniam Kumaran must pay rent and the debt as follows: a. By 89 weekly payments of $110.00, being $90.00 for rent and $20.00 for the debt. b. A final payment of $102.29, being $90.00 for rent and $12.29 for the debt. c.Payments will be every Tuesday, with the first payment on 26/05/2026 and continuing until 08/02/2028.
- Payments will be allocated in the following order: rent, and then the debt instalment.
- If the tenant fails to pay rent and any debt instalment within 5 working days of the due dates: a. The tenancy at 2H Main Highway, Ellerslie, Auckland 1051 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The hearing was conducted remotely on Microsoft Teams.
- Susan Rea attended the hearing for the landlord.
- The tenant did not attend. The hearing proceeded in their absence.
- The tenant was more than 21 days in rent arrears at the time the landlord lodged its application.
- The landlord seeks conditional termination of the tenancy, with the condition being that the tenant make regular payments towards the arrears.
- Where the landlord seeks termination for the rent being at least 21 days in arrears on the date the landlord files its application, the Tribunal must make order termination by virtue of ss 55(1)(a) and (1A) of the Residential Tenancies Act 1986.
- However, the landlord does not seek termination today. Rather it very reasonably seeks only conditional termination so that the tenant can maintain the tenancy if they pay off the arrears. The landlord having sought only conditional termination, the Tribunal makes the order as sought.
- The tenant is already paying the debt off at $20.00 per week. It is appropriate to order that amount for future debt instalments
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the landlord may enforce possession order for 90 days from the first breach pursuant to s 64(4)(b) of the Residential Tenancies Act 1986.