What was the outcome of Tenancy Tribunal case 5463249?

The tribunal order states: The tenancy of Lanu Mavaega at 17A Larnoch Road, Henderson, Auckland

How much money was awarded in case 5463249?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5463249?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5463249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13629308-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5463249?

The tribunal order states: The tenancy of Lanu Mavaega at 17A Larnoch Road, Henderson, Auckland

How much money was awarded in case 5463249?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5463249?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5463249?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13629308-Tenancy_Tribunal_Order.pdf.

17A Larnoch Road, Henderson, Auckland 0610 Tenancy Tribunal Case 5463249 — Rent arrears

Order

The tenancy of Lanu Mavaega at 17A Larnoch Road, Henderson, Auckland 0610 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59pm on Wednesday 27 May 2026.

Lanu Mavaega must pay Kāinga Ora–Homes And Communities $2,643.28 immediately, being rent arrears to 27 May 2026.

Reasons

Ms Gray, representing the landlord, attended the video conference hearing. The tenant did not join the hearing as per the instructions in the Notice of Hearing and so did not attend the hearing. As the tenant was served, the hearing proceeded in his absence.

The landlord has applied for termination of the tenancy and rent arrears.

The landlord requested consideration of a conditional termination order, saying the tenant had come into their office on 12 May 2026 with a support person to come up with an arrangement where the tenant was to pay current weekly rent of $205.00 plus an additional $21.00 per week towards rent arrears, for a total of $226.00 per week. The landlord said the tenant had been recently paying $226.00 payments. Should there be a conditional termination order

Subsection 55(1A) of the Residential Tenancies Act 1986 provides that the Tribunal may, instead of making a final termination order for the non-payment of rent, make a conditional order if, but only if, it is satisfied that the tenant will pay any rent arrears within a period specified by the Tribunal and that it is unlikely that the tenant will commit any further breach of non-payment of rent.

In considering the rent summary provided, I note that there was a block of 10 weeks from 4 February 2026 to 14 April 2026 where no rent was paid at all. The landlord said they were told the tenant’s wife had lost her job at the start of this period so they could not afford to pay full rent for that period. However, this was not brought to the landlord’s attention by the tenant until 12 May 2026, when the tenant attended the landlord’s office with their support person. By this time, rent arrears had grown significantly.

I note further that, despite the tenant apparently attending the landlord’s office on 12 May 2026 to discuss paying the landlord $226.00 every week, as outlined above, that the tenant only made one payment of $226.00 during the two-week rent period from 6 May 2026 to 19 May 2026, at the same time the tenant made this arrangement.

Further, the tenant did not attend the hearing to discuss the reasons for any apparent difficulties in paying rent or to explain these anomalies or to request a conditional termination order.

From the evidence provided, particularly the evidence outlined above, I am not satisfied that the tenant is unlikely not to miss rent payments again or pay the debt within a specified time. As such, I decline to make a conditional termination order.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

How much rent is owing?

The landlord provided a rent summary proving that rent arrears to 19 May 2026 is $2,409.00. Weekly rent currently is $205.00 so daily rent is $29.28. One day’s rent @ $29.29/day is added onto $2,409.00 for 20 May 2026, to bring total rent arrears owing by the tenant to the landlord to $2,438.28 to 20 May 2026, the day of the hearing. A further one week’s rent @ $205.00 is added to this for the period 21 May 2026 to 27 May 2026, the end of the tenancy, for a total owing by the tenant to the landlord of $2,643.28 to the end of the tenancy.

Order

The tenancy of Lanu Mavaega at 17A Larnoch Road, Henderson, Auckland 0610 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 11:59pm on Wednesday 27 May 2026.
Lanu Mavaega must pay Kāinga Ora–Homes And Communities $2,643.28 immediately, being rent arrears to 27 May 2026.

Reasons

Ms Gray, representing the landlord, attended the video conference hearing. The tenant did not join the hearing as per the instructions in the Notice of Hearing and so did not attend the hearing. As the tenant was served, the hearing proceeded in his absence.
The landlord has applied for termination of the tenancy and rent arrears.
The landlord requested consideration of a conditional termination order, saying the tenant had come into their office on 12 May 2026 with a support person to come up with an arrangement where the tenant was to pay current weekly rent of $205.00 plus an additional $21.00 per week towards rent arrears, for a total of $226.00 per week. The landlord said the tenant had been recently paying $226.00 payments. Should there be a conditional termination order
Subsection 55(1A) of the Residential Tenancies Act 1986 provides that the Tribunal may, instead of making a final termination order for the non-payment of rent, make a conditional order if, but only if, it is satisfied that the tenant will pay any rent arrears within a period specified by the Tribunal and that it is unlikely that the tenant will commit any further breach of non-payment of rent.
In considering the rent summary provided, I note that there was a block of 10 weeks from 4 February 2026 to 14 April 2026 where no rent was paid at all. The landlord said they were told the tenant’s wife had lost her job at the start of this period so they could not afford to pay full rent for that period. However, this was not brought to the landlord’s attention by the tenant until 12 May 2026, when the tenant attended the landlord’s office with their support person. By this time, rent arrears had grown significantly.
I note further that, despite the tenant apparently attending the landlord’s office on 12 May 2026 to discuss paying the landlord $226.00 every week, as outlined above, that the tenant only made one payment of $226.00 during the two-week rent period from 6 May 2026 to 19 May 2026, at the same time the tenant made this arrangement.
Further, the tenant did not attend the hearing to discuss the reasons for any apparent difficulties in paying rent or to explain these anomalies or to request a conditional termination order.
From the evidence provided, particularly the evidence outlined above, I am not satisfied that the tenant is unlikely not to miss rent payments again or pay the debt within a specified time. As such, I decline to make a conditional termination order.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.

How much rent is owing?

The landlord provided a rent summary proving that rent arrears to 19 May 2026 is $2,409.00. Weekly rent currently is $205.00 so daily rent is $29.28. One day’s rent @ $29.29/day is added onto $2,409.00 for 20 May 2026, to bring total rent arrears owing by the tenant to the landlord to $2,438.28 to 20 May 2026, the day of the hearing. A further one week’s rent @ $205.00 is added to this for the period 21 May 2026 to 27 May 2026, the end of the tenancy, for a total owing by the tenant to the landlord of $2,643.28 to the end of the tenancy.

Tenancy Tribunal case 5463249 — Rent arrears at 17A Larnoch Road, Henderson, Auckland 0610

At a glance

Tenancy Tribunal case 5463249 — Rent arrears at 17A Larnoch Road, Henderson, Auckland 0610

At a glance

Claims & awards

Order

Reasons

How much rent is owing?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much rent is owing?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions