Published tribunal order
Tenancy Tribunal case 5470649 — Rent arrears at 73 Nikau Road, Otahuhu, Auckland 1062
Published 2 June 2026 · Application 5470649
Mixed / unclear
- Rent arrears
Order
- Maketalene Vaihu and Henry Joseph Niukapu owes Slpm Limited $2,873.28 (“the debt”) being $2845.28 in rent arrears to Tuesday 2 June 2026 and $28.00 for the application filing fee.
- Maketalene Vaihu and Henry Joseph Niukapu must pay Slpm Limited:
- $650.00 on Wednesday 3 June 2026 for current rent a) $650.00 on Wednesday 3 June 2026 for current rent b) $3,523.28 on Wednesday 10 June 2026 being $650.00 for current rent and $2,873.28 as full payment of the debt.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 73 Nikau Road, Otahuhu, Auckland 1062 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy and rent arrears.
- The parties tell me that the rent arrears occurred because the benefit of one of the parties was paused. They have asked me to allow one week for the issue to be remedied with WINZ before termination occurs.
- Because the applicant has been successful in their application I have awarded the filing fee.
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.