Published tribunal order
Tenancy Tribunal case 5287682 — Rent arrears at 19 Tonar Street, Northcote, Auckland 0627
Decided 16 Jul 2025 · Published 16 Jul 2025 · Application 5287682
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Megan Rose Miller owes Kāinga Ora – Homes And Communities $946.00 (“the debt”), being rent arrears for the week commencing 15 July 2025.
- Megan Rose Miller must pay rent and the debt as follows: a. By 47 weekly payments of $108.00, being $88.00 for rent and $20.00 toward the debt. b. A final payment of $94.00, being $88.00 for rent and $6.00 toward the debt. c. Payments are to be made every Tuesday, beginning 22 July 2025 and continuing until 16 June 2026.
- All payments made by the tenant are to be applied first to rent, then rent arrears.
- If the tenant fails to pay any payment (rent and rent arrears) within 5 working days of the due dates: a. The tenancy at 19 Tonar Street, Northcote, Auckland 0627 is terminated, and the landlord will have immediate possession of the premises; and b. The outstanding balance of the debt will become immediately payable.
Reasons
- Both parties attended the hearing, which was conducted by telephone.
- The landlord seeks a conditional termination of the tenancy, along with recovery of rent arrears. Rent arrears
- The landlord provided rent records confirming arrears as at the week commencing 8 July 2025 and advised that the tenant made a $108 payment on the morning of the hearing (16 July 2025). The total arrears as of the hearing were confirmed to be $946.00 and undisputed by the tenant.
- The tenant breached her obligation to pay rent as required by the tenancy agreement.
- A 14-day notice to remedy the breach was served by the landlord, and the tenant failed to remedy it within the required timeframe.
- At the time the application was filed, the rent was more than 21 days in arrears. The landlord was therefore entitled to seek immediate termination under section 55(1)(a) of the Residential Tenancies Act 1986.
- The tenant seeks to avoid immediate termination by agreeing to repay the arrears.
Should a conditional termination order be made?
- Under sections 55(1)(a) and (1A) of the Act, the Tribunal must make either a final or a conditional termination order where rent is at least 21 days in arrears at the time of application.
- The tenant explained, and the landlord did not dispute, that a dispute with the Ministry of Social Development over benefit entitlements had impacted her consistent ability to pay rent. Since then, she has resumed regular payments, including a weekly $20 top-up toward arrears for the last three weeks. She confirmed this is a sustainable plan moving forward, and the landlord was agreeable to formalise this arrangement by way of a conditional termination order.
- I am satisfied that the tenant is likely to comply with the repayment terms and unlikely to commit a further breach. A conditional termination order is therefore appropriate.
- If the tenant complies with this order, the termination lapses. However, if she fails to comply, the possession order may be enforced within 90 days of the first breach. See section 64(4)(b) of the Act. Filing fee
- In accordance with its standard policies, the landlord does not seek reimbursement of the filing fee, and none is therefore ordered.