Published tribunal order
Tenancy Tribunal case 5305780 — Rent arrears at 8C Utting Street, Birkdale, Auckland 0626
Decided 6 Aug 2025 · Published 6 Aug 2025 · Application 5305780
Mixed / unclear
- Rent arrears
Order
- Jordache Deon Miller owes Kāinga Ora–Homes And Communities $1,719.86, being rent arrears to 6 August 2025. (“the debt”).
- Jordache Deon Miller must continue to pay weekly rent of $90.00 and an additional $20.00 per week towards the debt. Those weekly payments must commence on 13 August 2025, and paid every Wednesday until the debt is repaid in full.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at 8C Utting Street, Birkdale, Auckland 0626 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
Should the Tribunal proceed in the tenant’s absence?
- The landlord/applicant attended the hearing. The tenant/responded did not. He could not be located physically at the court and was unable to be contacted on the phone numbers known for him. The landlord confirmed that the tenant was aware of the hearing having spoken to him about it recently. The tenant was served with a notice of hearing at his email for service, which is noted on the tenancy agreement and the only known email for him. The tenant did not contact the Registry to seek an adjournment or alternate means of attending. The hearing proceeded in his absence given I am satisfied that the tenant was properly served and aware of the hearing.
- The landlord applies for rent arrears and, notwithstanding the tenant’s absence, a conditional termination (or alternatively termination) of the tenancy.
How much rent does the tenant owe?
- The majority of Mr Miller’s rent debt accumulated in this year due to 13 missed rent payments between April and June. The tenant advised the landlord that this was due to him changing from a WINZ benefit to Study Link payments. He has since decided to remain on the benefit, as returning to study is not suitable for his circumstances at this time.
- Since 2 July 2025, MSD has assisted the tenant with payment of his ongoing rent and rent arrears. The landlord provided rent records that proved the amount owing as of 5 August 2025.
- At the hearing today, the landlord verbally confirmed, which is accepted, that payment was made for both rent and a top up of arrears earlier today. After a reassessment of income for WINZ assistance4 and income-related rent for the tenant to be paid from 6 august 2025, MSD will maintain the same $20 weekly repayments of the rent arrears on top of a reduced rent to $90 per week from $159.00.
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 sections 55(1)(a) and (1A) Residential Tenancies Act 1986.
- As a social housing provider, the landlord wishes to prevent immediate termination and give the tenant a continuing and formalised opportunity to repay the debt to avoid immediate termination.
- Given the regular rent payments and weekly arrear top-ups with MSD’s assistance, and the landlord’s agreement to this ongoing arrangement, 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.
Should the tenant receive name suppression?
- Finally, it is noted that the landlord in its notice of application sought name suppression on behalf of the tenant and set out his circumstances to safeguard his ability to obtain another rental property. The landlord stated that it believed that the privacy of its tenant outweighs the public interest in this matter. Kāinga Ora supported any request made by the tenant for name suppression and left this decision open to the Tribunal. Given the nonattendance of the tenant today, the landlord left this part of its application in the Tribunal’s hands. Given the usual presumption of principles of open justice and the absence of the tenant to advance this application if desired, the application is declined.