Published tribunal order
Tenancy Tribunal case 5487736 — Rent arrears at 19C Hokonui Road, Otahuhu, Auckland 1062
Decided 15 Jun 2026 · Published 15 Jun 2026 · Application 5487736
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes and Communities $370.00 (“the debt”) for rent arrears to 15 June 2026.
- [The tenant/s] must pay rent and the debt as follows: a. By 18 weekly payments of $122.00, being $102.00 for rent and $20.00 for the debt. b. A final payment of $112.00, being $102.00 for rent and $10.00 for the debt. c. Payments will be every Tuesday, with the first payment on 16/06/2026 and continuing until 20/10/2026.
- Payments will be allocated in the following order: rent, and the debt.
- If the tenant fails to pay rent and the debt within 5 working days of the due dates: a. The tenancy at 19C Hokonui 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. 5487736 2
Reasons
- The landlord attended the hearing. The tenant did not attend, and the hearing proceeded in their absence.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. However, the landlord wants to allow the tenant wants to repay the debt to avoid immediate termination.
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 (RTA).
- The landlord has provided rent records that prove the outstanding rent arrears of $370.00 to 15 June 2026.
- The rent records also show that the tenant has been making regular payments towards the rent arrears and on that basis, 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) RTA. R Harvey-Lane 15 June 2026 5487736 3