Published tribunal order
Tenancy Tribunal case 5499129 — Rent arrears at Arcturus Flats, 6 Waiwhetu Road, Waiwhetu, Lower Hutt
Decided 16 Jul 2026 · Published 16 Jul 2026 · Application 5499129
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $404.72, being rent arrears to 16 July 2026 (“the debt”).
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of current weekly rent, currently $93.00 per week, plus $10.00 per week towards the debt, with current weekly payments being $103.00, starting on Thursday 23 July 2026, being paid every Thursday until the debt is paid in full.
- Payments will be allocated in the following order: rent and rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at Arcturus Flats, 6 Waiwhetu Road, Waiwhetu, Lower Hutt 5010 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Ms Rea, representing the landlord, attended the video conference hearing. The tenant 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 said the tenant wants to repay the debt to avoid immediate termination. Further, the landlord said the parties had reached agreement for the tenant to pay current weekly rent plus $10.00 per week towards the debt. I note from the rent summary provided that the tenant has been making these payments consistently for several weeks.
- The landlord said that a further payment of $103.00 from the tenant had been received by them overnight on 15 July 2026, which did not show on their rent summary, which had indicated rent arrears of $507.72. Thus, the landlord reduced their rent arrears claim to $404.72 owing to 16 July 2026.
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.