Published tribunal order
Tenancy Tribunal case 5288764 — Rent arrears at Unit/Flat Unit 207, 20 Swanson Road, Henderson, Auckland
Decided 14 Jul 2025 · Published 14 Jul 2025 · Application 5288764
Mixed / unclear
- Rent arrears
Order
- The respondent/tenant Davis Leota owes the applicant/landlord Kāinga Ora– Homes And Communities a total of $272.00 (“the debt”).
- The tenant must pay the landlord rent and the debt as follows: a. 13 weekly payments of $108.00, comprising $88.00 for rent and $20.00 towards the debt. b. A final 14 th payment of $100.00, comprising $88.00 for rent and $12.00 towardsthe debt. c. The tenant is to make payments weekly every Wednesday, beginning16 July 2025, and continuing until 15 October 2025.
- Payments will be allocated in the following order: first to rent and then rent arrears.
- If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at Unit 207, 20 Swanson Road, Henderson, Auckland 0610 will terminate and the landlord is entitled to immediate possession of the premises. b. The outstanding balance of the debt will become immediately payable.
Reasons
- Only the landlord attended the phone hearing. Attempts were made to contact the tenant by phone, but he could not be reached. The tenant has only recently taken up the tenancy and last contacted the landlord on 5 July 2025. The Tribunal is satisfied the tenant was properly served. As contact could not be established, the hearing proceeded in his absence.
- The landlord sought a conditional termination of the tenancy along with an order for rent arrears.
Should a conditional termination order be made?
- The landlord provided rent records confirming the amounts owed.
- Because the rent was at least 21 days in arrears at the time the application was filed (17 June 2025), the Tribunal is required to issue either a final or conditional termination order under sections 55(1)(a) and (1A) of the Residential Tenancies Act 1986.
- Although the tenant was not present, the landlord was willing to accept a conditional termination due to the debt being manageable and the fact that the Ministry of Social Development began making regular payments from 18 June 2025 directly to the landlord of $88.00 for rent and additionally $20.00 toward arrears.
- The landlord, and therefore the Tribunal, is satisfied that the tenant is likely to comply with the payment schedule and is unlikely to commit further relevant breaches. A conditional termination order is therefore granted.
- The conditional termination order will lapse if the tenant fully complies with the payment terms. If the tenant breaches the order, the possession order may be enforced within 90 days of the first breach, under section 64(4)(b) of the Residential Tenancies Act 1986.