Published tribunal order
Tenancy Tribunal case 5471269 — Rent arrears at 198A Church Street, Onehunga, Auckland 1061
Decided 9 Jun 2026 · Published 9 Jun 2026 · Application 5471269
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $250.00 (“the debt”), being rent arrears to Wednesday 10 June 2026.
- [The tenant/s] must pay rent and the debt as follows: a. By 4 weekly payments of $150.00, being $93.00 for rent and $57.00 for the debt. b. A final payment of $115.00, being $93.00 for rent and $22.00 for the debt. c. Payments will be every Thursday, with the first payment on 11/06/2026 and continuing until 09/07/2026.
- 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 198A Church Street, Onehunga, Auckland 1061 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Both parties attended the hearing.
- The landlord has applied for termination of the tenancy and rent arrears.
- The tenant wants to repay the debt to avoid immediate termination. The rent arrears has been reduced significantly since the application was lodged.
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. Given the historic arrears record, such an order is appropriate, despite the current reduced rent arrears total.
- 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.