Published tribunal order
Tenancy Tribunal case 5501228 — Rent arrears at 2/361 Waiwhetu Road, Fairfield, Lower Hutt 5011
Decided 3 Jun 2026 · Published 3 Jun 2026 · Application 5501228
- Rent arrears
Order
- [The tenant/s] owes Kāinga Ora–Homes and Communities $2,890.00 (“the debt”) being rent arrears to 8 June 2026.
- [The tenant/s] must pay the weekly rent, and the debt as follows (based on the current rent): a. By 103 weekly payments of $260.00, being $232.00 (the current rent) and $28.00 for the debt. b. A final payment of $238.00, being $232.00 for rent and $6.00 for the debt. c. Payments will be every Friday, with the first payment on 05 June 2026 and continuing until 26 May 2028.
- If the weekly rent changes, this order requires the tenant to pay the weekly rent due and $28 for the debt until the debt is paid in full.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at 2/361 Waiwhetu Road, Fairfield, Lower Hutt 5011 will terminate, and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- Only the landlord’s representative attended the hearing.
- The landlord has applied for termination of the tenancy and rent arrears. The landlord is willing to accept a condition termination order to enable the tenant to avoid immediate termination.
- Where rent is at least 21 days in arrears on the date the application was filed, as it is in this case, the Tribunal must make either a final or a conditional termination order.
- The landlord has proposed the terms of a conditional order, and I have therefore granted a conditional termination order in those terms.
- The order requires the tenant to pay the weekly rent now due plus $28 towards the arrears. If the rent changes, the order takes effect to require the tenant to pay the weekly rent plus $28 towards the arrears.
- 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.