Published tribunal order
Tenancy Tribunal case 5485293 — Rent arrears at 32 Smiths Avenue, Papakura, Papakura 2110
Decided 9 Jul 2026 · Published 9 Jul 2026 · Application 5485293
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes and Communities $165.71 for rent arrears to the end of 8 July 2026.
- [The tenant/s] must pay rent and the debt as follows: a. By 8 weekly payments of $110.00, being $90.00 for rent and $20.00 for the debt. b. A final payment of $95.71, being $90.00 for rent and $5.71 for the debt. c. Payments will be every Tuesday, with the first payment on 14/07/2026 and continuing until 08/09/2026.
- Payments will be allocated in the following order: rent, rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at 32 Smiths Avenue, Papakura, Papakura 2110 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.
- Regina Faaletatou attended for the landlord.
- The tenant did not attend. The hearing proceeded in their absence.
- The landlord originally applied for termination of the tenancy, rent arrears.
- However, today Ms Faaletatou seeks only conditional termination because the tenant is making weekly rent payments and voluntarily paying $20.00 per week towards the rent arrears.
- Ms Faaletatou submitted a rent summary and gave evidence which proved the amount of the arrears.
Should a conditional termination order be made?
- Rent was more than 21 days in arrears when the landlord filed its application. 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 pursuant to s 55(1)(a) and (1A) of the Residential Tenancies Act 1986.
- Because the landlord seeks only a conditional termination order, I make a conditional termination order in the terms set out above.
- 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 pursuant to s 64(4)(b) of the Residential Tenancies Act 1986.