Published tribunal order
Tenancy Tribunal case 5290159 — Rent arrears at 7 Sosene Ropati Lane, Mount Wellington, Auckland 1062
Decided 8 Aug 2025 · Published 8 Aug 2025 · Application 5290159
Landlord favoured
- Rent arrears
Order
- Bonita La Val Tuifua Leaaetoa owes Kāinga Ora–Homes And Communities $2,544.00 (“the debt”) being 2517.00 in rent arrears to 29 August 2025 and $27.00 for the application filing fee.
- Bonita La Val Tuifua Leaaetoa must pay Kāinga Ora–Homes And Communities $2,845.00 on Friday 29 August 2025 being $301.00 for rent and $2,544.00 for the debt.
- 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 2 working days of the due dates: a. The tenancy at 7 Sosene Ropati Lane, Mount Wellington, Auckland 1062 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
- If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
Reasons
- The applicant attended the hearing.
- The landlord has applied for termination of the tenancy and rent arrears.
- At the previous hearing the respondent said that she had been recently diagnosed with advanced stage cancer and was transitioning from employment to a benefit. The applicant agreed to adjourn to allow the respondent to make arrangements and be in a position to come to an agreement at today’s hearing. The respondent did not attend todays hearing and the applicant tells me she has not made in contact with them or provided any updates. Considering the respondents disclosure at the previous hearing I have discussed giving the respondent a final chance to remedy the arrears and continue the tenancy. They applicant agreed that this was the right approach in the circumstances.
- The applicant has provided records showing the amount owing to the 11 th of August 2025. I have added 18 days rent to reflect the amount owing to the date of the conditional 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.
- 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.
- Because Kāinga Ora–Homes And Communities has wholly succeeded with the claim I must reimburse the filing fee.